Study Of The Use System Of Prosecuting Roll About Criminal Judgment Procedure

The use system of prosecuting roll is critical to the following lawsuit values:the center of criminal lawsuit is courtroom judgment procedure,avoiding courtroom judgment formalization,assuring the status of accusing and advocacy party is equal,and the standpoint of the judge is fair,etc. Prosecuting roll has the affect on fixing lawsuit proof collected by accusing party,accusing crime,and supervision. But,if prosecuting roll become to be the base of judgment and weighting of the penalty. The judgment may be formalized. The human rights and lawsuit rights also may be lost. The neutrality of judge may be destroyed. And may arise trusting crisis to the fairness of criminal justice.In 1996,the amendment of criminal procedure law didn't allow the investigating and prosecuting apparatus deporting prosecuting roll before courtroom judgment,limited the extent and deepness of court examination to public prosecution,improved the opposability of courtroom judgment. However,in the practice of justice,because lots of judge can't make use of the time of courtroom judgment efficiently,it's difficult to grasp the facts of law case in courtroom judgment. So,chief judge allways accept and reuse prosecuting roll after courtroom judgment. I think,the use system of prosecuting roll of criminal procedure law has many abuses,and their reason may be:Firstly,the concept of ontrol criminal is the first thing" hasn't changed. Secondly,the thought of our criminal procedure law of "verism of pursue impersonality " hasn't changed. Thirdly,in 1996,the fashion of courtroom judgment has been changed aimed at fairness,but the prepare system matching to deraignment judgment hasn't been established. Fourthly,in the practice of justice,judge always use prosecuting roll as recite judgment in disguised form.When the proof revelation system has been established,the rate of courtroom adjudgement has been increased,the rule of positive wordage has been prescribed by lawmaking. Then,the judge of first instance can give up the use of prosecuting roll.