The Mechanism Of Prejudice Exclusion

The rule of prejudice exclusion was first proposed in Japan, and reflected in the criminal proceedings in most countries. It is an important principle that guarantee the center of judges appear to play a substantial role in the trial. Before the amendment of the Criminal Procedure Law of the People's Republic of China ,pre-trial procedures in criminal procedure implemented substantive review, which makes judges vulnerable to the formation of pre-cut, the case is basically a pre-determined after the trial, the trial going through the motions. After the mend of Code of Criminal Procedure , the abolition of all file transfer system to transfer the case evidence and directories mainly aimed at pre-trial judge to prohibit the formation of prejudge the case, so that the effectiveness of the trial application to play. However, although China's legislators have taken note of the existence of the problem, but did not propose an effective solution. Scholars have rarely systematically discussed this issue, this article is excluded from the prejudge the point of view, on how to improve the status quo of China's criminal trial, the trial implementation centrism has done some thinking and vision, with a view to calling attention to academics on this issue, and our country's criminal justice reform benefits.The full text of a total of five chapters, about 36,000 words.Chapterâ… is overview. Through this chapter prejudge the meaning of prejudge the causes and hazards of shows prejudge harm in criminal proceedings, in order to pave the way below. Prejudge the meaning of a small defined to exclude that prejudge a criminal trial should be excluded from the status of the principle of the criminal justice system in a specific direction, as a matter of principle, it has main-specific, preventive and periodic characteristics of.Chapterâ…¡discuss the jurisprudential basis of prejudice exclusion. The article thinks that in order to achieve the trial center, must contain the pre-trial process of the impact of the trial, to sever prosecution pre-trial procedures and the causal relationship between the outcome of the trial to protect the judges to hear cases dense state of mind, it has to prohibit contact with the judge at pre-trial case Materials formed prejudge. Once the pre-trial judge in certain ways through contact with the case and formed a pre-broken, not only in terms of the parties is a kind of injury, more referees are the evidence and certification system freely heart damage. Process of self-government requires that judges must be from the magistrate court the course of the formation and produce, that is, all trial activities at the court after the end rather than at the beginning of the trial before the formation, based on the facts of the case and the applicable law based on rational knowledge, and Events outside the trial is not to prejudge, prejudice, or on the basis of hearsay. Prejudge excluded is the meaning what the principle of presumption of innocence should have , it requires the judge referee from the assumption that the accused are not guilty as the starting point to look at the trial to both defense and prosecution evidence, and the existence of prejudge is a negation of this principle which should be firmly ruled out. Trial of the principle of neutrality is the core of a fair trial, the trial judge's neutrality requirements , especially the mentality should be impartial and not inclined towards the prosecution and the defense of any party to a mirror-like mentality of air objective and fair to listen to both sides of the confrontation with the debate . Priority access to the prosecution's case material, the judge will be at pre-trial and will have a tendency to prejudge, it is bound to undermine the neutrality of judges. From cognitive psychology point of view, prejudge the conclusions of the formation of interference exist, although sometimes prejudge in life plays a big role, but in relationship to the people the fundamental rights of a criminal trial, the judge of the case must meet the precise cognitive , the only worthwhile authority of the criminal justice and impartiality.Chapterâ…¢prejudge the principle of comparative law excluded from inspection and analysis. Think of thischapter, the parties Marxist model, the judge finds that the facts of the case to the court on both defense and prosecution have a confrontation, the judge should not take the initiative to intervene in confrontations between the two sides of conflict, but also should not act contrary to the concept of confrontation with the court either unilateral contact, the judge should be avoided "by the conflict in the dust cover of the line of sight." The structure of the parties and the trial judge has a natural prejudge exclusion. Consider the terms of reference and general litigation model, the terms of reference focus on the role of the judge, the judge at the trial have greater powers, but is less subject to the restrictions, but France, Germany and in practice the provisions of the Code of Criminal Procedure, the same attention to their " Trial centrism "does not prejudge excluded without trace. France and Germany between the procedures, pre-trial procedures, restrictions on pre-trial marking the number of judges, all of the judges ruled out prejudge played a role. Hybrid trial model, the adversarial system in order to cope with the implementation of the trial, the Court attaches great importance to the whole trial process at the center, the case of a judge is not derived from legitimate court proceedings prejudge those who are excluded from the general attitude to prejudge ruled out in principle at their criminal trial has been established.Chapterâ…£are excluded from the principle of prejudge the status quo in our analysis. Think of this chapter, from a legal and judicial interpretation of the provisions of view, the evidence at the transfer system and to avoid the system to be reflected prejudge excluded. However, in practice, excluded from the principle of prejudge the status quo in China is because of the lack of corresponding system, although the idea has been made to establish the actual results have been deviated from the true, we can see in our country to exclude the principle of establishing prejudge are with reality.Chapterâ…¤for our country to exclude the principle of prejudge Construction. Article proposed, at law design, should be excluded prejudge the basic guiding principle of legislation for the idea, but ruled out due to prejudge the principles and many other basic principles of criminal proceedings has the same connotation, such as the presumption of innocence, the judge neutrality, therefore, can no longer be a separate provision in the law to be provided for. Construction on the specific system, from the mechanism inside and outside the two-pronged mechanism of action must be to improve the current evidence of the transfer system, clear the main evidence of the scope, set up display system and the pre-trial evidence of major cases the system of pre-trial conference, and improve case flow management system; court judges the right to investigate re-defined, strictly limit the court judges the right to investigate the scope and exercise; improve our principle of direct language. In addition, through the normative acts of our country's news media to prevent interference with the judicial opinion. Finally, the appearance of judge's prejudices is the chronic disease of the humannity infered activits.Only depending opon some kind of system to eradicate completely is not impossiple,it is possibility to eliminate judge's prejudices only through the independence of judgesand self-discipline .