Criminal Judge Outside The Enforcement Power Of Research

In our country, the criminal judge outside the enforcement power as a trial to investigateand collect evidence means the right applicable law and carry out the state’s penalty powerhas the vital significance. But, since our country criminal judge out-of-court the scope of theinvestigation have been away from the real meaning of "court" and therefore to be less to therules of procedure, which also exposed many unsatisfactory place, because of this, the role ofthe judge’s out-of-court survey and not really get the realization of the significance, thus toour country criminal judge out-of-court enforcement power research appears more important.This paper focus on the judge in the process of exercising an out-of-court enforcement powerprocedural justice and the substantive justice of contradictions, and in-depth analysis of thecriminal judge out-of-court enforcement power the social reason and realistic existencecondition, from the point of view of comparative law thoroughly inspected the differentcountries outside the condition of the enforcement power criminal judge, and at the same time,the study analyzed the Taiwan to the judge, the criminal procedure law enforcement poweroutside the rules, through and other countries and regions of the mode of judgment contrastand the reference, hope the establishment of our country’s actual criminal judge out-of-courtsurvey system. In specific criminal lawsuit system, in order to better protect a legal status, ajudge should not be active start an out-of-court survey procedure, the law should givecriminal judge of the trial of two sides are the necessary to the judge put forward theapplication survey outside. Criminal judge in conducting an investigation shall, as far aspossible, of two sides are the necessary in absorption, and deal with the application of theobjective investigation, to ensure that the judge survey of fairness. Criminal judge in anout-of-court investigation to verify the evidence of two sides are the necessary shall notify allpresent and participate, supervision and the judge’s justice survey, to judge the survey in anout-of-court and collecting the evidence, shall build a more strict cross-examination andcertification system, for criminal judge out-of-court survey results should be made by thetreatment of two sides are the necessary show and published as the final opinion ability cross-examination, the basis of the criminal judge in an out-of-court investigationinvestigations and collection of evidence can’t think the assumption of judicial proofresponsibility, the judge just was awarded the certificate of the certain rights, so the judgecan’t with control the defended debate on evidence.