对法官庭外调查权取消论的质疑

Oppugning the Canceling of the Judge's Extrajudicial Investigation

赋予法官庭外调查权并不必然违背程序正义和违反控审分离、法官中立等原则。事实上,在一定条件下,赋予法官受一定程序规制的庭外调查权,还是实现程序正义的特殊要求或实现法官实质中立的必要途径。因此,主张取消我国法官庭外调查权的论调是值得商榷的。

It does not necessarily violate the procedural justice or the principle of separating accusation and trial or the principle of judge＇s neutrality to grant judges with the power to make extrajudicial investigation. In fact, under given conditions, judges must possess the above-mentioned power restricted within certain procedures inorder to realize procedural justice and their virtual neutrality. Therefore, the view of canceling judges＇ extrajudicial investigation deserves further discussion.