The Research Of Judge's Right Of Out-of-Court Investigation In China

The Judge's right to investigate outside the Court is a very unique legal system in continental law system. To study the system can contributes to the development and perfection of our criminal procedure.The article mainly provides approaches of comparative analysis and logical reasoning to research the theoretical and practical issues of investigation out-of-court by judges, in order to reflect current relevant legal system in China.The article starts with the definition of Judge's right of Out-of-Court Investigation, and then demonstrates specific contents of it in versatile aspects and angles through horizontal comparison method, and then discusses the history survey of the system and concludes its historical rules by vertical comparison method. After that, the article deeply finds out its value orientation through two breakpoints of substantive justice and procedural justice and establishes re-construction assumption of the system.The article is divided into four chapters as follows:Chapter 1 gives a general description of Judge's right of Out-of-Court Investigation. First it confirms its contents by comparisons of regulations among continental law system, common law system and the system in China. And then, it demonstrates the system in aspects of condition, scope, peculiarity and mode, etc.Chapter 2 analyses the development track of the system from feudal inquisitional proceedings to functional proceedings and concludes the rules of historical development of the system.Chapter 3 researches criminal procedure value in the aspects of substantive justice and procedural justice.Chapter 4 achieves value orientation based on the analysis and judgment above and set forth re-construction assumption of the system.