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Court investigation of Judge Perfection

Author: MaShiXiong
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Court Investigation Judge System improvement
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


Justice is the legal system of the important factors of vitality , Code of Criminal Procedure as an important procedural law , which should reflect the primary legal system fairness . The fair value of the criminal proceedings , including cases of physical processing results impartiality and fairness of the proceedings , although both have inherent unity , but because of procedural fairness , impartiality and relatively independent entities , so the two inevitable in judicial practice conflict. Criminal court judges in the survey system fully reflects the substantive justice and procedural fairness in practice the contradictions and conflicts. Court judge investigating the existence of the right to exercise the right penalty legislators based on careful consideration by the judge went to the court investigation and verification doubtful evidence , timely identification of facts of the case , and strive to not live up vertical , substantive justice . However, the process and the rule of law in modern theories concerning the exercise of state power, contrary to the requirements of legality : the modern theory of the implementation of the Criminal Litigation segregation of functions , the referee judges can only exercise their functions , but the judge in the court investigation natural to assume part of the complaint or the defense functions ( newly discovered evidence or against the defendant or defendants in favor ) . Therefore judge court investigation system is actually substantive justice and procedural fairness , and how conflicts between balance. Civil law inquisitorial trial mode lawsuit countries due to its unique cultural heritage survey of judges court held a positive attitude , and be specific provisions. Before modification of either the existing Criminal Procedure Code of Criminal Procedure or court investigation against judges are to be retained , the system rapidly facts of the case , the formation of just finding played an irreplaceable role, but now the Chinese Criminal Procedure Law system requires more rough , especially in the absence of procedural regulations , the judge investigating the exercise of court with a lot of randomness , resulting in practice can not effectively restrict the exercise of power in both defense and prosecution proceedings for infringement of the rights . As Lord Denning said, \, at your fingertips way to achieve justice for the Perfection of Criminal Procedure , build a socialist society ruled by law is of great significance and far-reaching . In this paper, comparative law research perspective , combined with logical reasoning methods to start on. First, in order to analyze investigative powers of court judges and characteristics of the concept as a starting point ; logical reasoning method further court judge Survey System Exploration theoretical basis and limitations ; Anglo-American adversarial trial mode , the civil law inquisitorial trial mode and hybrid modes of trial court judges about the law to sort out the survey , summarize , compare, and then come to enlightenment ; article last survey on China's court system, judges from the court investigations perfect start, participants range , investigate the scope of the evidence , four aspects investigative techniques improve the program .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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