On The Neutrality Of The Judge In The Criminal Proceedings

Neutrality of judge in the litigation is not a new theme of conversation, which has been the common choice of the parties to a lawsuit since the appearance of the court. Keeping neutral is a basic demand for the judge, violating this principal will not only do harm to the quality of just judicature, but also destroy people's trust to the law of our country, even the undertaking of achieving the aim of ruling of law. Consequently, neutrality of judge, as an essential nature of modern litigation, has been an indispensable subject when talking about reform of the criminal trial, justice of procedure or the principal of trial, etc. However, in the field of academic research, there are few works or specialized articles which do comprehensive research about this theme, the relevant research which is now available is either lack of innovation or remains on the level of simple introduction. That's the main cause why the author chose this subject.This dissertation consists of three chapters, besides an introduction and an epilog.In Chapter I, the author discuss neutrality of the judge from the ideal point, including its contents, sense in procedure law, politics, economy and culture, then put forward the two models of the neutrality, positive model and passive model.Chapter II studies the judicature practice of the main western countries , referring to the neutrality of justice from the ideal point in chapter I, and combining the judicature practice under different trial models. First, the author demonstrates their specific dictions used to guarantee judge's neutrality, then analyses the model of the neutrality and its drawback.ChapterIII discusses Chinese current situation about neutrality of the judge. First, the author analyses the predicament and existing chances in the course of seeking the ideal of the neutrality of judge, then dissects current situation of it, in the meanwhile, put forward corresponding measure to improve it. At last, the author studies existing model of neutrality in Chinese criminal procedure and its flaw when operating, simultaneously, advances my point of view about the model of neutrality.