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Judge court investigative powers

Author: WangYuPeng
Tutor: SunNingHua
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Court investigative powers Judge Prosecution and defense Substantive Truth Criminal Procedure Law Collect evidence University Press Procedural justice The current Criminal Procedure Law Defendant
CLC: D926.2
Type: Master's thesis
Year: 2006
Downloads: 172
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Abstract


Judge’s power of investigate outside the court is very important for discover the case’s reality. But because outside the court, the judge is less subjected to the rules and regulations of the criminal procedure. So get a deep research into the power of investigate outside the court seem to be urgent at present. Criminal procedure comprising a serious of litigation value, and not simply substantial justice. The fundamental way to perfect it is to change our idea, and change the judge’s power of investigation into a power that subjected to our criminal procedure, and the proceeding of investigate outside the court should be reconstructed into legal proceeding.This paper is divided into three parts: the preface, the text and the conclusion. And more than 30000 words.Preface: Although our criminal procedure had absorbed some contents from the common law, in according to our traditional rules which is aimed at discover the cases’ true facts ,the criminal procedure still reserved the judge’s power of investigate outside the court. Should the judge have the power to investigate outside actually? If have, what it is the boundary of the power? How make judge’s outside investigate run in the procedure frame and rules of order? All of these is this paper will discuss and try to resolve at mean time.The text is divided into five parts: First of all, carried on introduction to the concept that judge’s power to investigate outside of court, and try to definite it at my own. Introduced the development of this judge’s power briefly in the meantime. The second, examine what is this power like at present, and main about the start of this proceeding, the aim of the investigation, the means of the investigate, and the adopt of these proof acquired outside the court. A brief comment also. The third part, find out the different between common law and civil law on investigate outside the court with comparing research, and introduce the changes after Taiwan’s criminal procedure have modificated. The forth, explore the value conflict inside the outside investigate: the conflict between substantial justice and

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