On Judge's Power Of Investigation Outside The Court

The exertion of crucifixion is relative to personal possession,liberty or even life,so the country must attach importance to the legislation of criminal process to ensure the correct implement of the crucifixion. To discover the case's reality is the precondition of the correct implement of the crucifixion. Only when discover the case's reality, can the judge make a verdict justly. The countries which belong to continental law system or Anglo-American law system all take the discovering the case's reality as one of goals of criminal process. Judge's power of investigation outside the court is very important for discover the case's reality. But outside the court, the judge is less subjected to the rules and regulations of the criminal procedure. So getting a deep research into the power of investigation outside the court seems to be urgent at present. Criminal procedure comprises of serious of litigation values, and not simply substantial justice. The fundamental way to perfect it is to change our idea and change the judge's power of investigation into a power that subjected to criminal procedure. And the proceeding of investigating outside the court should be reconstructed into legal proceeding. First of all, analyze the necessity of judge's power of investigation outside the court,the conflict between it and interrelated principles and how to assort with them. Second, examine what is this power like at present,and make a comment about it,and introduce the problems of this power. Third, find out the differences between common law and civil law on investigation outside the court with comparing research and analyze the differences simply. At last, reconstruct our procedure of investigation outside of court,and main about the start of this proceeding, the confine of the investigation, the means of the investigation, and the adopt of these proof acquired outside the court.