Investigating Stystem Outside The Courtroom By Judges

Investigating system outside the courtroom by judges was a lawsuit system ofevidence that during criminal adjudication campaign, judge spreads out accordingto authority to collect , investigate the evidences to find out the fact of law case. Judge can obtain evidence as the fact of law case which has proof role in trialcourse. It plays postive role for judge to make correct judge , and realize entityjustice. Its procedural value lies in to avoid confrontation system lawsuit delays andraises lawsuit efficiency; Investigating system outside the courtroom by judgesemphasizes social safe benefits, at the same time , considering citizens' free value.It has become an important guarantee for judge to make correct judge in judicialpractice, and has gotten the ordinary identification and support of the social public.Investigating system outside the courtroom by judges belongs to authorizeddoctrine of adjudication pattern lawsuit system of continent law departmen, thedoctrine of confrontation system lawsuit of involved party is taking proceduraljustice concept as first value orientaton , and does not have the legislativefoundation of judge investigation evidence.Investigating system outside thecourtroom by judges exists in traditional authorized doctrine lawsuit pattern countryand mixed national legislation, and there are different expressions. The formershows that judge behavior gets less restriction , the latter should firstly comply withproceduarl justice, but the enforcement of this system has been gotten strictproceduarl restriction as final protective screen. Investigating system outside the courtroom by judges of our country accordingto system has long legislative historical background, as claiming conceptual changfrom unitary purpose for entity justice to both weighing entity and proceduarlvalues , in recent years this system also transfers from an exceeding authoried tuneto a controllable type. Under the popular feeling of proceduarl justice conceptscene , this system has been still retained , and has both inside and outside reasonslawsuit system : Inner factor is the traditional authoried doctrine adjudicationpattern of our country , lawsuit two make no equal position , the public prosecutorcontrols particular lawsuit position ; Besides the reason is the traditional strongtendency in psychological influence of the social ordinary people to pursue entityjustice. . We should realize; some legal problems that remain to be perfected exist inthe investigating system outside the courtroom by judges of our country : Firstly thesystem belong to judge's legal duty or right, legislation should make definitestipulation, with a view for judge to exercise investigation behavior correctly. Injudicial practice arises a phenomenon that judge investigates to verify the evidencesat own will , this is disadvantage in administration of justice; Secondly, the limit of" suspect evidence " needs to be made clear , including the authoritative limitationfor major evidences . To more embody the purpose to find out fact , legislation notonly should reserve judge's authority to initiate investigate suspect evidenceindependently , but also should allow the prosecutors and defenders to have thisright for applying judge yard transfer to check suspect evidence. When judge investigates , he should absorb both partys to participate in as faras possible, in order to supervise judge to investigate justly; The evidence of courtgotten by judges' investigation should establish strict certificated system and thecross—examined system; After judge shows investigation evidence on courtroom,both sides have rights to debate about evidence ability and proof force ; It is a basicprinciple that evidence's believing should appear in court with related witness totestify ; the behavior which Judge shows evidence does not express he hasresponsibility to undertake lawsuit proof, judge can not argue with both partysabout evidences, It has on...