An Empirical Study On The Right Of Criminal Judge To Investigate Outside Court

At present,the trial-centered reform is the focus of our judicial reform,the reform aims to establish a system of evidence referee,exert the maximum value of the trial giving more adversary.Under the background of this reform,it is worthy of deep thinking and research to develop the judge's right of outside investigation with the authority color.Entity justice has always been the value target of criminal procedure in China,it is also the theoretical foundation of the judge's right to investigate outside the court,in the trial stage,when the collegial panel is doubtful about the evidence presented by the parties in court,the judge will investigate and verify the evidence in doubt by declaring a recess.By exercising the right of outside investigation,the judge not only helps to find out the facts of the case but also helps to improve the efficiency of the lawsuit,while the pursuit of the real reality is one of the goals of the reform measures centered on the trial,and the judge's exercising the right of investigation outside the courtroom is also beneficial to the However,if the judge's power is not regulated and restricted,it is easy to produce the result of the contrary of the legislative purpose,not only to realize the true purpose of discovering the case,but also to damage the judge's impartial and neutral image and violate the Justice of procedure,which leads to the questioning of the fairness of the result.Based on the background of the substantive reform of the trial,this paper analysis of the main problems in the system and its causes,and puts forward reasonable suggestions on perfecting the judge's right to investigate and collect evidence.This text is divided into four parts.In the first part,the author introduces the relevant theoretical background of the judge's right to investigate outside the courtroom,mainly expounds the concept and value of the judge's outside investigation right.The second part,through the comparative study of the outside jurisdiction,probes into the negative aspects of the application of the power to the right of the judge to our country and the need to guard against it.The third part is the difficulty of this article,mainly through empirical research data to show the main problems in the investigation of the criminal judges of the grassroots courts in our country,because the current criminal procedure Law on the judges outside the jurisdiction of the investigation of the relatively general,leading to the judicial practice of the grassroots Court of Justice in the exercise of the power of the lack of norms,The problem of excessive discretion has arisen.The Forth part is the main point of this paper,mainly aiming at the main problems of the criminal judge's investigation right in the grassroots court.This part is based on the background of the substantive reform of the trial in our country,and Focusing on the coordination of judges ' out-of-court investigation system with other systems and judicial reform.First of all,this paper emphasizes to strengthen the judge's understanding of the right of investigation outside the courtroom to increase the education and publicity of judges,especially judges at the grass-roots level,to make the judges realize that the enjoyment and exercise of this power is not arbitrary and unrestricted,whether to initiate and how to initiate the procedure of Judge out-of-court investigation must strictly follow the principle of substantive truth,At the same time,follow the requirements of procedural justice,secondly,in order to restrain the judge's discretion,it is more from the angle of perfecting the legislative guidance that the judge's investigation and evidence procedure can be initiated and carried out according to law.Detailed to the specific aspect is: First,the standard start time and whether to start the reason;second,to ensure the public transparency of investigation and forensics procedures;third,to improve the way of investigation.