THE LEAGAL STATUS OF INVESTIGATION AND TRIAL  IN CRIMINAL JUSTICE PROCESS
—— A  COMPARATIVE ANALYSIS

The investigation and the trial are two important and interrelated phases of the criminal justice process. The different status of the investigation or the trial in criminal proceedings flows from the characteristics of the inquisitorial criminal justice system and the adversarial criminal justice system. The two systems differ in significant respects. Given the functions of the investigation and the trial as well as the distinctive features of the two systems, such as the judge-controlled or party-control trial, confrontation and the form of evidence, it is argued that the inquisitorial system highlights the primacy of the investigation while the trial is crucial to the adversarial system.

I FUNCTIONS OF THE INVESTIGATION AND THE TRIAL

In the inquisitorial system, the purpose of the investigation is to find the truth.

II JUDGE-CONTROLLED AND PARTY-CONTROLLED TRIAL

The trial is judge-controlled in the inquisitorial system.

III CONFRONTATION

Confrontation between the accused and the accusing witnesses, which is held during the investigation for the purpose of finding the truth, is an es无忧论文 【http://www.uklunwen.com】sential part of the inquisitorial system. However, there is no formal confrontation at the trial even if questions may be put to the witnesses by leave of the judge. In view of this, the importance of the investigation would be evident .
Compared to the inquisitorial system, confrontation in the adversarial system is different in that it happens in the court. Confrontation is one of the distinctive features of the adversarial system. The judge and the counsels in the adversarial court consider the right to cross-examination as a guarantee of the credibility and completeness of the testimony given by the witnesses. In the adversarial system the win or the loss of the accused depends, to some extent, on his counsel’s performance in the court confrontation.

IV THE FORM OF EVIDENCE

Partly as a result of the inquisitorial approach, the civil court procedure relies much more heavily on documentary evidence than does the case in the adversarial system.  In the inquisitorial system the written evidence as recorded in the dossier prevails over oral evidence of a witness. McKillop stated as follows:
The written record of the investigation controls the subsequent phases of the process. Witnesses called at the hearing are expected to confirm their depositions and reports as in the dossier and not disturb the pre-existing written record. 
When the written record bears out a claim, the judge usually do