Positioning Of The Role Of Judges In The Criminal Proceedings

Judge takes an important role in criminal procedures. His role is located by political and judicatory system, while the condition of judge's role is the epitome of the history and actuality of criminal procedure. The role of judge evolves with the development of procedure structure.Under the administration-punishment model, the handler of criminal cases didn't work in a way like a judge because of lack of three-party-structure. Actually he was merely a surrogate of ruling-class and a holder of sword for suppressing crimes. In impeaching procedure model, with the power of state being restraint and modest, the judge take part in procedure as the third-party, he was in a calm and reasonable position of judge, so, he had the "gene" of modern criminal judge.The system of criminal judicatory in modern countries ruled by law keeps its balance between national power and individual right. The criminal judge regulates power and protect right. He has the right to cognizance of fact and application of law, his authority is rooted in the arrangement of constitutional system and in the popular belief of rule of law..The role of criminal judge in our country is in a plight, which stems from the immature constitutional politics. The criminal judge has poor authority and weak function. For a country ruled by law and to safeguard human rights and to realize judicial democracy, we should establish justice-independence, and should cultivate "subjective" judge. And elitism of judge is necessary.