On The Judges In Criminal Proceedings The Court Investigations And Its Regulation

The judge's investigation outside the court means that the judge has the right to investigate outside the court during the process of trial in criminal litigation. The judge's investigation outside the court can be divided into the different cases, including the investigation before the process of trial, the investigation during the during the process of trial, and the investigation after the process of trial; including the investigation complying with application and the investigation according to authority; including substantive investigation and procedural investigation; including collecting evidence and verifying evidence; including investigate directly and investigate indirectly etc. The judge's investigation outside the court has the function to collect evidence, to protect the evidence and to verify evidence.In spite of this, that the judge's investigation outside the court still receives the dispute fully. Generally speaking, Anglo-American law system prohibits the judge to investigate outside the court; they are often considered the typical showing of the continental law system. Because in the country of the continental law system, the judge possesses the function of judicature investigation, and judge is undertaking the duty to finds out the true of case. In France and German criminal litigation, that the judge's investigation outside the court extensively exists and is frequently used: not only existing in trying stage, but also can be carried before the trial; not only can the litigants apply for the judge to investigate, but the judge also can initiatively mention it. And the Japan and Italy of lawsuit model representative by the type thinking to compromise is though all permitting the judge to investigate outside the court, but there have been very big difference between them and the traditional country of inquisitorial system------France and Germany.The criminal procedure law of our country has retained the judge's right to investigate outside the court, namely "during the course of trial, the judge can declare to stop court Proceedings, and to verify evidence by investigating outside the court, when he has doubts about the evidence. " This is favor of finding out the fact in the...