The Role Of Judges In The Criminal Trial Is A Comparative Study

The judge is the soul of the trial, it played an important role in criminal trial court. Our criminal procedure system is being placed in the transformation period, it is contribute to our judicial reform by comparative research of the role of judge in trial court .This text study pertaining to the power and status of judge in the first sentence of criminal trial.In addition to preface and conclusions, this text is divided into four parts totally, the full text is about more than 30,000 words.The first part mainly introduces the role of judge in criminal trial court in foreign. On the base of description of the traditional common law and continental law, we can find out that the judge played a negative referee in common law and the judge played a positive truth finder in continental law. The mixed trial system was transformed from "inquisitorial" system to "adversarial" system , traditional principal and practice have been sustained to some extant. The role of judge reflected the effort to reconcile the "substantive truth" and "due process". In the end of this part, the trend of judicial reform in a few country is introduced. We can drew a conclusion, the role of judge in criminal trial court have been more and more common features.The second part mainly introduces some kinds of roles of judge within Chinese criminal procedure. In traditional law system, the role of judge in Feudal period and "Ma xiwu" trial system are described .In Feudal period, there was no judge of modern concept, the "judge" had various social roles. In 1979, we published the first Code of Criminal Procedure Law, it was provided the role of judge was a truth investigator, the judge could not do judgement independently. The Code of Criminal Procedure Law was amended in 1996, the judge also could not do judgement independently, but the role of truth investigator have been weakened.In the third part, the factors that affecting the role of judge in...