Research On The Re-reform Of Criminal Judges' Investigation Evidenc

As an important part of criminal procedure law and criminal evidence system,Under the authority of a court investigation evidence collection system has been questioned by legal scholars.They think that the judge as a case the referee to enjoy the greater authority,the more likely to lose the judge's neutral status,the more unfavorable to the fairness of litigation.To this end,China actively promoted the reform of the mode of criminal procedure,from the transition from authoritarianism to litigantism,trying to strengthen the confrontation between the prosecution and defense,weakening the judge's right of investigation.But from the practice seems to simply weaken the judge's investigation and evidence,enhance the trial of the confrontation did not solve the judicial practice there are witnesses do not appear to testify or false proof,formalization of the trial,injustice case and a series of problems,but because of judicial practice The court investigation of the right to evidence of the shrinking,to the judicial found that the real case caused great difficulties.This paper is based on the current theoretical research on the problem,and its normative review,and then put forward the core view of this article that adhere to the judge through the power of investigation and evidence.At the same time,based on the empirical research,this paper analyzes and studies the status quo,problems and causes of the judge's forensic investigation and evidence collection,and makes perfect the investigation of the ex officio investigation system from the system level and the practice level,And to fully investigate the judges to take the initiative to exercise the right to investigate and prosecute the right to play a positive effect of the judge investigation and evidence collection,and further put forward the relevant supporting measures to protect the practice in the operability and effectiveness.