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inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used in some countries with civil legal systems as opposed to common law systems. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors such as minor traffic violations. The distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common law system. Some legal scholars consider ''inquisitorial'' misleading, and prefer the word ''nonadversarial''.〔Glendon MA, Carozza PG, Picker CB. (2008) ''Comparative Legal Traditions'', p. 101. Thomson-West.〕 The function is often vested in the office of the public procurator, as in Russia, China, Japan, Germany and Scotland.
==Overview==
In an adversarial system, judges focus on the issue of the law and procedure and act as a referee in the contest between the defense and the prosecutor. Juries decide on the matter of fact, and sometimes on the matter of the law. Neither judge nor jury can question witnesses or initiate an inquiry. While the jury will declare a verdict, the reasoning behind the verdict and the discussion among jurors cannot be made public. Therefore, the defense can appeal, technically speaking, only on procedural grounds, such as the failure of a prosecutor to disclose evidence or a fault in the evidence presented at the trial. On the other hand, in some jurisdictions, a prosecutor in the adversarial system cannot appeal against a "not guilty" verdict (absent extraordinary circumstances, such as in the US if the judge were bribed into acquitting the defendant〔http://caselaw.findlaw.com/us-7th-circuit/1420701.html〕).
The inquisitorial system applies to questions of criminal procedure, not substantive law; that is, it determines how criminal inquiries and trials are conducted, not the kind of crimes for which one can be prosecuted or the sentences that they carry. It is most readily used in some civil legal systems. However, some jurists do not recognize this dichotomy and see procedure and substantive legal relationships as being interconnected and part of a theory of justice as applied differently in various legal cultures.
In some jurisdictions, the trial judge may participate in the fact-finding inquiry by questioning witnesses even in adversarial proceedings. The rules of admissibility of evidence may also allow the judge to act more like an inquisitor than an arbiter of justice.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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