Research On The Judge's Pre-trial Scoring System In The Context Of Substantive Examination

Judge's behavior of reading criminal records before trial is regarded as the reason of prejudgment,which aspects all of the criminal proceedings especially the trial procedure's promote and free evaluation of the evidence,prejudgment is one of the most important faction which hinders substantive trail to come true.The purpose of consummating the system of reading criminal records before trial by judge,is to prevent the prejudgment influencing criminal case's verdict.At present our country is promoting substantive trail to come true,in this context,starting from the system of reading criminal records before trial,perfecting the system,in order to realize substantive trail,is the potential meaning of the litigation system reform.Generally speaking,the system of reading criminal records can be divided into"reading" and "volume".Criminal records' transfer mode determines the content what the judge can read before the court,as the object of reading behavior,changing of the criminal records' transfer mode and its influence on prejudgment before the judge court is the foundation of consummating the system of reading criminal records before trial by judge.This essay starts from the change of our country's criminal records' transfer mode,clarifies the amount of criminal records' transfer mode how to influence prejudgment;Then analyzed foreign countries which adapt different system how to avoid prejudgment and summed up the lessons.At last,according to problems at present of the system of reading criminal records before trial by judge,in order to avoid prejudgment,drawing lessons from the foreign excellent system design,not only consummating the system of reading criminal records before trial by judge to avoid prejudgment,but also taking advantage of supporting measures to consummating the system.