刑事法官庭外调查权的再认识

Re-recognition of Judge’s Right of Criminal Investigation out of Court

我国现行法律法规赋予了刑事法官享有庭外调查权。文章对现行规定予以剖析,使读者明确法官行使庭外调查权的前提是对部分证据的真实性产生质疑,难以判别真伪。同时,庭外调查权行使的路径有先后顺序,只有当举证责任主体穷尽手段仍无法证明证据真伪性时,法官才能行使庭外调查核实权。

China＇s current laws and regulations give judges the right of criminal investigation out of court. The paper analyzes the existing provisions,making the reader clear that the premise of exercising the judge＇s right of investigation out of court is that authenticity of part of the evidence is suspected,which is difficult to tell the truth. And,there is a sequence of paths to exercise the judge＇s power of investigation out of court. Only when the subject of the burden of proof who is using all kinds of means is still unable to prove the authenticity of the evidence,the judge can exercise the investigation out of court.