The Change Of The Form Of The Case And The Prevention Of The Judge’s Prejudgment

The latest amendment of the Criminal Procedure Law of the People’s Republic ofChina re-established the form of removal of the case’s all files. The form of removal of thecase gone through twists and turns. From cognitive psychology point of view, the judge’spriority access to the all files will inevitably have a tendency to prejudge at pre-trial.However, the prejudice exclusion is the goal of the Criminal Procedure Law, it’s of greatsignificance to realize entity justice and procedure. So, since the form of removal of thecase’s all files has been established, it’s a imminent task to research how to prevent judge’sprejudice, if not, our achievements of the decades of the criminal justice reform will be indanger, the prejudge at pre-trial will re-established. This article is on this point to research,with a view to calling attention to academics attention.This dissertation can be divided into four chapters except preface and conclusion. Thefirst chapter firstly reviews the changes of the form of removal of the case, thendemonstrates that the form of removal of the case’s all files will lead to a negativeeffects---judge’s prejudgment，and the negative effects will has bad effects. The secondchapter discusses the importance of the principle of direct verbal trial to judge’sprejudgment, the principle can dilute the bad effect caused by the judge’s priority access tothe all files. The third chapter introduces the measures taken by different countries ofdifferent legal systems, which can prevent the judge’s prejudgment, analyzing andreferring the useful part on the basis of compare. The fourth chapter is about the system ofprejudice exclusion of our country. Firstly explores the measures which contains the spiritof prejudice exclusion in our current system of criminal procedure, then analyses theexisting problems in current system and the latest Criminal Procedure Law of the People’sRepublic of China on the view of prejudice exclusion, and try my best to make somesuggestions.