Judge To Prejudge The Exclusionary Rule Theory

So-called the rule of prejudice exclusion is refered to the sum of procedure which request that judge must prevent to produe prejudice before the decision fromed. Judge make a decision only depending on own innermost feelings that is formed in trail process through hearing the debate on evidence and questioning witnesses in the both sides of public prosecutor and defendent.The rule of judge's prejudice exclusion has the intrinsic logic with the judical fail ness. Generally said, the most basic core content of the judicature action is judge's judicial activities. The judical fail ness will be appear finally depending on the decision made by judg and the process fromimg decision.Due procedure must reject the willful prejudice and first impressions. The core of the entire criminal procedure is trial process. The decision on accused person's legal responsibility can only be formed in trial process. The court is the central place of judicial activity. The both sides of public prosecutor and defendent point out evidence only in trial process which supposed to their propose. The both sides of public prosecutor and defendent can influence judge only in ourt,cann't in other any place. At the same time the principle of direct words also requests the referee to contact direct ly evidence and he both sides of public prosecutor and defendent telling out the truth of fact in front of judge by t direct words. Therefore, establishing the rule of judge's prejudice exclusion is premiset to mainian the r principle of trial cente, to implemente the principle of direct words and to realize the judical fail ness.The objective of the rule of prejudice exclusion is to create a fair and good trial environment. Trail's substantive and fairness will be protected by judge's prejudice exclusion. Although the main legal national's lawsuit system is various in all world,but more or less contains the spiritual design of he rule of prejudice exclusion. Some produrces established will reduce outside intervention and prevented to produce judge's prejudges. Those produrces main contain the system of judge's avoiding, the principle of jurisdiction independence, the system of preliminary...