Empirical Study On Judge’s Investigation Outside The Court

In the Criminal trial, the judge was given a wide range of power in investigation outsidethe court. When there exists doubtful evidence，the judge can investigate and verify them outof the court so as to confirm the authenticity、legitimacy and objectivity of the evidence. Inthis way, the judge can make clear the truth of the case and contribute to the formation ofinner sense, so that the judge can make the right reference. The judges’ power of investigationout of court is a continuation of the trial, has a attribute of the power. The judge should remainnegative and neutral when carrying out the investigation. Although the criminal procedure lawof our country has been revised twice, the controversial extrajudicial investigation of thejudge was still maintained with a little limit and lack of clear and detailed rules. Because ofthe regulation of the system of judge’s investigation outside the court is too brief, There aremany problems in practice. And the problems reflect the conflict between substantive justiceand procedure fairness. But due to the influence of historical and cultural traditions、thedominant of authority principle and the serious imbalance between defendant power,thejudges’ investigation outside the court has rationality and necessity of its existence in ourcountry. Imitate the merit of the design in judge’s investigation outside the court system,suchas mainland legal system and mixed procedural mode, based on the specific conditions ofjustice practice in our country, we can reform and improve the system of judge’s investigationoutside the court accordingly. Via this,we can realize the purpose of "Punishing crime andprotecting human rights" better. In this paper, we will adopt the methods of empirical studyand comparative analysis to reflect on the current related legal system in our country. On thebasis of theoretical analysis, we will put forward to suggestions for reforming andimproving the judge’s investigation outside the court system in our country.This paper is divided into three parts: the preface, the text and the conclusion. And thetext is made up of four parts.Part I:Summarize the related contents of judge’s investigation outside the court incriminal trial. Draw clear lines of that the out-of-court investigation belongs to the evidenceinvestigation, and it has the attribute of criminal jurisdiction. The judge should remain neutralstance in the investigation process.Part II: This part will use comparative study method to use the experience of the bright spot for reference in civil law countries while designing the system of judge’s investigationoutside the court. The improvement of judge’s investigation outside the court in mixedprocedural mode is also worth learning. And we should know that it is different from theinspection procedure in Anglo-American law. There are some differences in values andintention of criminal procedure between civil law system and common law system, we shouldlearn from them so that we can improve and perfect the system of judge’s investigationoutside the court in our country.Part III: In this part,we will elaborate on the judge’s investigation outside the court andanalysis the national conditions to reserve it in our country, and then,we will comb the legalevolution of our judge’s investigation outside the court. On the basic of above analysis, weshould clear and definite the specific content of our current system about judge’s investigationoutside the court. Through the analysis of survey data, the paper will discuss the runningsituation and implementation effect of the judge’s investigation outside the court in the trial offirst instance in grass-roots court.Part IV: Put forward for the improvement of the system of the judge’s investigationoutside the court. On the basis of empirical research, we can learn and refer to the virtue ofdesigning the system of the judge’s investigation in relevant countries, and restructure theprocedure of judge’s investigation outside the court in our country. Mainly discuss from threeaspects, including the start of the investigation、the operation of the investigation、thecognizance of evidence from the judge’s investigation outside the court, etc.