Studing On The Investigation Authority Of Penal Judge

Our country's Law of Criminal Procedure's again revision should propose the program, but the Criminal Procedure Pattern's choice is the question which Law of Criminal Procedure revises first faces.Strong authority principle lawsuit pattern existence malpractice as well as our country proposes manages state affairs according to law the plan,market ecnomy estabishment,the government improves the human rights safeguard diligently the condition, has provided the turning point for our country criminal prosecution pattern's reforming. The authority principle lawsuit pattern most important characteristic is judge (not special explanation, the article refers to penal judge) the authority investigation, it is distinguishes the UK-US legal system litigant principle and the mainland legal system authority principle key is at. Therefore, judge the authority investigation's studing have the important meaning.This article bases the reality, in profits from outside the territory partial national and local as well as in our country history about judge in the authority investigation legislative foundation, unifies question which our country Law of Criminal Procedure legislation and the practice exits in, attempts from judge the authority investigation legislation perfect aspect, Law of Criminal Procedure's again revision would be proposed a practical and feasible way in the future.This paper includes 6 parts:Part 1: Penal judge authority investigation implication and legal attribute. Elaborates judge the authority investigation definition, study judge the authority investigation the legal attribute;Part 2: Penal judge outside the authority investigation legislation's territory inspects. The crosswise comparison inspects judge the authority investigation the legislative condition, studing the legislative idea;Part 3: Our country penal judge authority investigation historical Vicissitude. Studies our country criminal prosecution pattern the historical vicissitude, Law of Criminal Procedure's again revision both must base on the national condition, and must take a broad view in the world;Part 4: Our country penal judge authority investigation presentsituation and question. Inspects legislative present situation and question about judge theauthority investigation;Part 5: Our country penal judge authority legislative consummation. In view of our country judge the authority investigation scope, way further consummation has carried on the preliminary discussion, and provides the theory way which for our country Law of Criminal Procedure revises again.