| Our revised Criminal Procedure Law in January 1, 2013 formally implemented, "Criminal Procedure Law" Article 191 states: "During a court hearing, the Full Court of the evidence in question, may announce an adjournment, investigation and verification of evidence People’s Court investigation to verify the evidence, you can conduct an inquest, inspection, seizure, detention, identification and inquiry, freeze. " visible, in the traditional mode of inquisitorial trial, the court judges investigative powers still be retained. In our criminal proceedings, out of court investigating judge was right in the court proceedings, the Full Court of the evidence in doubt, after the adjournment of the investigation and verification of evidence. Investigative powers still has important theoretical and practical significance in our country outside court judge reserved. However, due to imperfect legislation, lack of regulation of this authority and oversight of legal procedure, in practice, easily lead to liberal judges discretion is too large, damage the interests of justice and the parties have the real thing happen. Therefore, this court judges investigating right-depth analysis and discussion and make recommendations for its improvement, in order to achieve both its substantive justice and procedural justice effects.This paper is divided into four parts, the first part introduces the China Law Court Investigation value right. Whether the judge should retain the right to court investigation, our current theory is not conclusive. Through the two views of our current theory of discourse that advocates the abolition of court investigation and retain the right to judge court investigation leads to two right value, helping to safeguard the legitimate rights and interests of the defendant, help identify cases real entity. The second part focuses on the investigation of the right-of-court judge visits abroad. With the continuous improvement and development of the rule of law around the world, learn from each other and integration has become obvious trend of modern criminal procedure system development. Inquisitorial trial mode and adversary trial mode as the main mode of trial of two of the world currently in the process of merging the two trial mode, and gradually formed a "hybrid" trial mode. Due to the negative neutral referee judge advocate status under adversary trial mode, therefore, in the adversary mode basically no right to judge of court investigation, therefore, this part of the investigation right inquisitorial court trial mode and adversary trial mode are introduced, in order to have a reference to improve Chinese court investigation right system. The third part of the country outside court judge investigating the problems of power system analysis are summarized. Because of our long-term model is under inquisitorial trial, the judge in the trial often dominated the proceedings, the parties are in a negative position, although 12 years, "Criminal Procedure Code" has been modified, but less for the law of the system, outlined in general terms, operability is not strong, resulting in greater judicial discretion, combined with our focus has always been the pursuit of true traditional entity, resulting court judge in the exercise of the right of investigation, often overlooked procedural justice, to the detriment of the image of a judge neutral arbiter. The fourth part of the judge out of court for the right to investigate problems in the system, respectively, from the concept and propose specific measures to improve the views. First proposed the conduct of court investigating judge should follow the principle of neutrality, in chambers exhaustive survey principle and the principle in favor of the defendant: Second proposed conduct of court investigation started court should be strictly limited investigative powers and scope of the investigation, court judges increased investigative techniques, outside the court investigation procedures and norms approach clearly evidence obtained court investigation. |
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