The Mechanism Of Prejudice Exclusion In Criminal Justice Of China

Criminal trial plays an important role in the judicial aspects,and determines the parties of basic rights or interests protected in the case. In the process of criminal trial,to ensure that the true and justice of the case, many scholars have done many studies to provide recommendations for the administration of justice in the lack of judicial system. The Criminal Procedure Law expressly provides court for the independent principle of trial,to protect the judge during the trial from affected by undue interference in the fairness of its judgments. The independence of trial judges in our country is no express provision. But most countries focus on protection. In China, the laws only provides the independence of court and the protection judges for independence is not expressly provided. However, for a specific case, the trial judge is the most important role,the independence of judges INboth of the the subjective environmentand and objective tend have critical significance.In our court process, the independence of judges is affected from different areas tend. Subjectively, the judges will be affected by the formal pre-trial access to the cases submitted by the prosecution of substantive evidence, but too early to form a first impression of case. During the trial judges have right to investigate cases evidence out of court, as the legislation does not provide for limited procedures of evidence. Objectively, in the court trial the prosecution and the defendant there is symbolic differences in treatment, to judge the psychological implications to more negative impression of the accused. Media and public today discussion for the evaluation of case law become more and more increasingly deep in the public consciousness. Although the evaluation seems to be the freedom of the scope of expression for the public discussion and media, no base of the law, if the impact of manipulation of the judiciary as a tool , the impact of judicial independence often makes cases into difficult neutral trial. Our judges having low quality often feel difficult to overcome outside interference and affect the outcome of the ruling. Based on the analysis of the criminal trial basis for the existence of these problems,the author will analysis the exclusion mechanism of prejudge the necessity of building and construction measures.