On Judge’s Power Of Investigation Outside The Court

The judge’s power of investigation outside the court is a method more specific during the trial,and it is very active of their authority.It is considered an important distinction inquisitorial adversary proceedings and litigation mode.In recent years, the exploration of the trial mode in western country is more and more hot, China’s criminal procedure more emphasis has been placed on the justice of procedure. With deep study, there are many voices calling for the abolition of the judge’s power of investigation outside the court. But the author thinks the power should be retained because the imbalance of the prosecution and defense forces and the low rate in defense counsel as well as other factors in our present situation.Although in recent years China conducted a number of criminal judicial reform, it pay attention to absorb some reasonable factors from the Anglo American adversary, made many rules and restrictions on out of court investigation, but there are still a lot of problems. To improve the out of court investigation system, first of all to clarify the overall train of thought, change the appropriate prerequisite. The author of the proposal is to perfect the pretrial procedure, clear the defendant’s right to self-incrimination and cancel the tripartite "complement each other" general requirement,in the court and the police and the public prosecutor, At last, reconstruct our procedure of investigation outside of court, and main about the start of this proceeding, the confine of the investigation, the means of the investigation and so on. Through the above method in order to perfect the judge’s power of investigation outside the court.