Research On The Principle Of Procedural Ration

Principle of procedural ration, it refers to the procedures in the course of the judge making the referee must comply with the requirements of reason to a large extend, rather than arbitrary and random.the crucial issue of the principle of procedural ration is the program through which a series of mechanisms can limit the discretion of the judge making the referee as rational as possible. The principle of procedural ration is one of the intrinsic value of the program, it represent the procedural justice, as well as the minimum standards to evaluate the procedures fairness.The principle of procedural ration contains judicial final ruling principle, the principle of evidentiary adjudication, the free evaluation of evidence principle,and explaining of criminal judgment reasons. Under the rule of law, the modern states generally form the litigation structure which pay much attention to referee. Referee activities judiciary not only exist in the court trial stage, but also in the pre-trial stage of the proceedings, so that the referee activities of the judiciary attacth the importance to the criminal proceedings. Both at the trial stage or pre-trial stage, there are neutral judiciary through judicial hearing procedures for judicial review matters on the behalf on the basic rights of citizens, on the basis of listening the prosecution and the defense views comprehesively, the judicial decision can be authority and finality.The principle of evidentiary adjudication, the free evaluation principle,and explaining of criminal judgment reasons embodied in the legislation of every country in different forms under the rule of law, which has played an important role to protect the legitimacy of the magistrate’s conclusions.China’s Criminal Procedure are reflected as the structure of public security institutions flow shop litigation. In this structure, the lack of a neutral judiciary which can control investigation activities in the pre-trial stage may impact the achievement of the principle of judicial final judgment; ultimately making the referee fail to making rational judgement in the trial stage. However, the unreasonable design of the court investigation procedures result in unfulfillment of the principle of evidentiary adjudication, also, the free evaluation of evidence in principle does not really implement,along with the imperfection of criminal judgment reasoning system, the referee conclusion not really built on the basis of evidence obtained through trial, it also can not form a reasonable referee. Therefore, in order to achieve the judicial control and the judicial review it is necessary to achieve rational principle in criminal procedure, in which consider the the pre-trial activities in the litigation track. From this perspective, only the perfection of trial stage related to specific system and program can achieve the referee for litigation structure gradually.