Brief Discussion Of Procedural Criminal Referee

"The procedure judgment" on the narrow sense is pointed as that in the crime litigation process, the court as the judgment authority judges exclusively to the procedure of the police, public prosecutor, judge whose behavior breaks the law the assize. The court judgment is not only the place that the substantial problems in the criminal case are made an ultimate judgment but also has the function of the legitimacy that the police and public prosecutor have the power to prosecute. If the defendant as a suspicion is the substantial judged person, the police and public prosecutors are judged persons in process whose prosecution should accept the investigation of neutral justice institution.Theoretically, it is figured that the illegal post-review of criminal actions are related with lack of the procedure judgment system which makes the justice out of control. However, the judges should have the countermeasures for the illegal procedure behaviors. The judges could find the function of "Illegal proof excluding rule" by the reversed text explanation and converse reasoning, establish the bridge between public right behavior and substantial judgment, fulfill the procedure judgment by judging the proofs. Supposed that the detective department obey the registered rule, the judge can conclude their collected information invalid so that all the prosecutions are invalid, and then make the defendant verdict of not guilty. This requests that the judge not only has judicial skill including a general understanding of realistic defect and theory structure, but also has the encourage and wisdom to safeguard the dignity of law. The judges in secondary court in practice have a form of reverse reasoning—always taking the rational doubts as the key points which make it unable to overthrow the verdict. This kind of explanation method and thinking character form the judge one series of judgment cirterion according to proofs of obeying the Criminal Law in practice With the criminal justice idea of controlling crimes and securing the human right, the judges should actively overcome the limitation of the procedure judgment, the defect that the accused get additional interest but the innocent's damaged, and the unpunished body implementing the obeying behavior.