The Study On Judges' Right Of Investigate Evidence In Criminal Trial

In the criminal trial, the judge's duty is to find out the truth, according to the evidence to judge the case, and when there is doubt in the evidence, the judge of the evidence to determine the accuracy of the exclusion of reasonable doubt is particularly important.There are many ways to judge the evidence, which can be judged by the evidence of both parties, and the judges can judge the evidence directly. China's Criminal Procedure Law, which was revised in 2012, retains the power of investigating the evidence of judges. The judges can not only examine and verify the evidence during the hearing, but also give the judges the right to go out of court for investigation and evidence collection.Evidence of the rationality, legitimacy to make judgments, improve the efficiency of litigation, and promote substantive justice. However, the provisions of the law on the investigation of judicial evidence is too simple, rough, in the judicial practice can not be very good use, especially for the extravagant evidence investigation provisions of the starting conditions are not detailed, supervisory mechanism is imperfect, investigation procedures, investigative means. Integrity, leading to many problems in the judicial practice, urgent need to take measures to perfect, so as to safeguard the judicial justice.This paper is divided into four parts.The first part mainly discusses the legitimacy of the power of investigating the evidence of the judge. Theoretically, there are different views on the existence and the existence of the power of investigating the evidence of the judge. The author points out the author's view and expounds the legitimacy of the power of investigating the evidence of the judge through the analysis of the two views.The second part summarizes the merits of the system of investigating the evidence of judges and analyzes the experience of extraterritorial legislation and its significance to our country by analyzing the litigant model, the authoritarian mode and the mixed mode of action. The system of evidence investigation right is of great significance.The third part analyzes the present situation of the power of investigating the evidence of judges in our country. At present, the Criminal Procedure Law of our country only stipulates the existence of the power of investigating the evidence of judges. The judge can exercise the power of investigating the evidence in court and the right of investigation. There are many problems in the practice of judicial practice, such as imperfect supervising mechanism, unclear mechanism of procedural initiation,ambiguous effect of taking evidence outside the courtroom, failure to follow avoidance system and so on. Therefore, according to the judicial evidence to investigate the right to run in our country the status quo of the existence of specific problems.The fourth part is based on the evidence investigation of the existing problems of specific solutions. Theoretically and practically, respectively, to explain the measures,and explain the specific reasons. How to avoid the extravaganza evidence investigation,how to start the out-of-court evidential investigation, how to determine the validity of the extralegal evidence, how to increase the investigating methods outside the court and the perfection of the out-of-court investigation procedure. detailed analysis.