The Research On The System Of Judge’s Outside The Court Investigation In Public Prosecution Cases

The system of judge’s outside the court investigation is considered to be an important difference between the authority doctrine litigant mode of the mainland legal system and the adversary system of the Anglo-American law system.In the litigation mode of super ex-official, We retain the system of judge’s outside the court investigation. In the process of continuous in-depth study of the adversary system, the value of procedure justice becomes more and more prominent, the abolition of the system of judge’s outside the court investigation causes controversy. However, the amended criminal procedure law retains the system of judge’s outside the court investigation. It shows that, in the current adversarial trial system, this system has the necessity and rationality of the existence. In 2014< the decision of the CPC Central Committee on the comprehensive promotion of several major issues of the rule of law >and in 2015 the Supreme People’s court about <the opinions on deepening the comprehensive reform of the people’s court >in succession, which aim to establish the trial centered litigation system, the establishment of evidence referee system, giving more adversary color. In this context, the system of judge’s outside the court investigation with strong functions and powers doctrine means how to develop, it is worthy of deep thinking and research. Based on the background of the system of judge’s outside the court investigation, points out the problems of the system, by analyzing the causes of shallow, put forward to perfect the idea of the system of judge’s outside the court investigation.Besides conclusion, the paper can be divided into 3 parts:The first part is that the lead of the problem. According to relevant legal system and judicial system reform of China, leading to the system of judge’s outside the court investigation, by analyzing the provisions on system of judge’s investigation outside the court of the two legal systems, leading to the development of system of judge’s outside the court investigation in China, and then talk about the current situation and problems related to the system of judge’s outside the court investigation, including a variety of questions, the influence of the judicial reform of our country, the views of abolition and problems in judicial practice, and puts forward the meaning of this research.The second part talks about the running current situation and reasons of the system of judge’s outside the court investigation. Describing the operation situation of the system of judge’s outside the court investigation, it is divided into four aspects: the first is that several cases of the judge out of court investigation, including the defense for judge’s out of court investigation, the judge out of court investigation, the case that the judge suggests that the prosecution organ’s investigation out of court; the second is that the judge out of court investigation occurs less frequently in the judicial practice, including judge’s out of court investigation occurs less frequently, the defense application of judge’s out of court investigation is difficult;the third is that the Behavior Anomie phenomenon of judge out of court investigation. The start of judge out of court investigation is so unclear that the judge don’t know what course to take; both sides participation, especially the defense, affect the judge of court investigation. Then respectively analyzes reasons of the above mentioned situation, the following reasons for the occurrence of the judge out of court investigation is less in judicial practice: the affected concept of the neutrality of the judge, there is a big risk for the judge out of court investigation, the style of informal out of court investigation influences by the judge out of court investigation. The following reasons for non-standard operation of the judge out of court investigation: the excessive pursuit of substantive truth while ignoring the procedural justice, lack of restrictive rules in the criminal procedure law.The third part is that the reconstruction of the system of judge’s outside the court investigation. First of all, the system of judge’s outside the court investigation should be kept clear, Combined with the abolition point of view about judge out of court investigation and the background of China’s criminal justice reform, to analysis the necessity of the existence of the system. Secondly, to improve the specific ideas of the system of judge’s outside the court investigation: First, clearing the start of judge out of court investigation. Clear the basic principle of the defense for judge’s out of court investigation as the principle,judge out of court investigation as the supplement, specific launch conditions of the defense to ask the judge out of court investigation and judges out of court investigation. Second, the scope of judge out of court investigation should be reasonably. In principle, the scope should be limited to the material which both parties have submitted to the court, the above scope can be broken in special circumstances. Third, to improve the method of judge out of court investigation, clearing the right of both sides’ participation out of the court. Fourth, to flexible the means of judge out of court investigation, establishing the procedure of inspection. Fifth, to specify the cross examination procedure of judge out of court investigation, perfecting the procedure of adoption and show program on the obtained evidence out of court investigation. Finally, improve the relevant supporting measures, including pretrial meeting system, as a witness system;to improve the defense ability of investigation and evidence collection.