On The Obligation Of Consideration Of The Judge In The Criminal Procedure

The realization of the procedure rights of the accused has become the important part of the procedure justice,which has great sigenificance in the protection of the procedurerights fo the criminal accuesed.The Judge,as the dominant of the criminal trial, assumes the responsibility of security of the procedure rights of the criminal accused naturely. For the public power being in the dominance in the China criminal procedure, despite the circumstance of the and the current situation of the justice system, it gives positive impetums to enhance the situation of the criminal accused, to realize the procedure justice,and to ensure the just of the trial, by guiding the the public power to thereof. Based on the current situation of China's criminal procedure system, this essay, by means of the analysis of the considerate obligation of the Judge in the criminal procedure, brings forward the oponion about the construction and relative issues of the China's consideration obligation of the Judge.This essay constitues 4 parts ,besides the introduction, about 3,9000 words.The first part is the overview of the considerate obligation. The consideration obligation is that the govermment has the responsibility to shed necessary obiligation to the accused,and to assist the accused to exercise the rights fully and completly. It is important for the accused to fulfill their procedure rights,and the obligation has gradually become an international criminal procedure priciple. The essence of the obligation is to remedy the legal capacity of the accused to make sure the procudure behaviour real and reasonable. The purpose of the obligation is to ensure the participation in the trial effective and complete. Based on the dicussion aboved, the construction of the obligation is inevitably suitable and valid for the realization of the essence and the purpose. The obligation of information, interpretation and investigation has cover up the protection of the foremost rights of the accused,and is conected as an entirety by the care behavior.The second part mainly analisis the theoridical foundation of the Judge's obligaiong of the consideration. Firstly, the essay will prove the inner rationality of the obligation by means of the characterastic between the state power and the juristiction, and dicussing the realitionship between the obligation and the neutrally of the judicial power. Secondly ,it shows the external pratical of the obligation with the active role of the obligation for the justice both in the case and procedure, and the litigation efficiency. Finally, it focus on the realationships of the obligation and other participaters in the trial and shows the consistency in the value and practice.The necessity and the feasibilty of the Judge's considerate obligation are discussed in the third part.The authority principle has been influencing the China's criminal justice system, and aggrieving the rights of the accused. However, in the current situation, the protection of the accused should not only lies in the terms and the articles in the laws, but also depends on the operability and the participation of the laws. In this process, the public power should be the key to the problem and improtant breach. It can ease the shortage of the protection of the accused, and exert the advantages of the public power in the resourse and effects, which will promote and guide the public power into the realization of position of the accused in the criminal procedure, and bring it into the value sytem of the criminal procedure.The fouth part is about the construction of the Judge's obligtion of consideration and relative measures, which is based on the China current justice environment and the institutional background. It should run through the whole course of the trial, and the obligations of information, interpretation and investigation should also guarantee thereof. It ought to notice the characteristic of the separate obligation as well as ensure the basic fators of the obligation of consideration, such as content, execution, time and remedies. It is supposed to be prescribed specifically to certificate the convergence of obligations. The constuction of the relative measures should mainly about the objective obligations of the procecutor and the reform of files evoking, both of which has great significance for the fulfill of the Judge's obligation of consideration.