| The Criminal Procedure Law adopted in 2012 has reserved the right of criminal judge to investigate and collect evidence in court,which is of great significance to the realization of substantive justice and procedural justice in criminal trial.In our country’s criminal trial mode,the law stipulates that the evidence of the case is doubtful,the judge can adjourn the investigation and verify the doubtful evidence,and the law gives the criminal judge the power to investigate the evidence in the case trial.However,this right is not a judge’s "initiative",to a greater extent by the law to verify the auxiliary functions.Investigating its legislative purposes,the judge’s right to investigate and obtain evidence is to ensure that "the facts of the case are clear,the evidence is indeed sufficient",the judge through verification to confirm the heart,better to restore the truth of the case,to ensure the fairness of the verdict.In most cases,it is not possible for a judge simply to pass a court trial or to mark a paper,so the judge needs to investigate the evidence in question and ultimately judge whether the evidence is admissible.In China,under the long term power doctrine lawsuit mode,the unequal status of both the accused and the defendant poses a challenge to the trial of the court,and the judge’s power of investigating and obtaining evidence is of great value to balance the lawsuit power of both sides and protect the human rights of the suspects.Moreover,in the criminal procedure structure,the function of the court lies in the trial of the case,the requirement of "neutrality" makes the scholars have different opinions on the judge’s right to investigate and collect evidence,if the judge’s scope of investigation and evidence outside the courtroom violates the principle of the separation of prosecution and trial,and the judge’s neutrality,the judicial justice will be challenged.This paper summarizes the right of criminal judge to investigate and collect evidence in court,based on the analysis of the concept,the author sums up its nature,analyzes and studies the legislative evolution of the criminal judge’s right to investigate and collect evidence,expounds the theoretical basis of the criminal judge’s right to investigate and collect evidence outside the courtroom;,and to the civil law system countries as the representative of the Power doctrine of the litigation model,this paper compares the litigant model represented by Anglo-American law system countries,and in the process ofabsorbing and drawing lessons from each other,aims to make reference to the perfection of the right of investigating and obtaining evidence of criminal judges in China.Research on the problems of judge’s outside investigation right in China,This paper expounds the problems of the initiation of the investigation outside the courtroom,the scope is too broad,the means is not sufficient,the lack of procedure regulation,the treatment mode is not clear,and so on,how to improve the right of investigating and obtaining evidence from outside the courtroom,the starting procedure,investigation means,investigation procedure,The methods of obtaining evidence and supervising procedures are regulated. |
