This is the essence of the challenge system. One of the main purposes of criminal proceedings is to ensure that the public security judicial personnel can correctly apply the criminal substantive law on the premise of finding out the truth of the case in time and accurately, so that the guilty criminal suspects and defendants can get a fair conviction and sentencing, and the innocent people can be exempted from conviction and sentencing. In order to achieve this goal, public security judicial personnel must respect the facts of the case, collect all relevant evidence that is favorable and unfavorable to the defendant, and make appropriate, calm and objective judgments on the probative force and evidential ability of the evidence. However, if investigators, prosecutors and judges have certain interests or other relations with the case or the parties, so that they have prejudged or prejudiced the case, or may practice favoritism, pervert the law for prosecution or judgment, then the truth of the case will not be revealed in time, and may also be covered up by public security and judicial personnel, resulting in unjust, false and misjudged cases. The establishment of the challenge system will help the public security and judicial personnel who have legitimate interests with the case or the parties or may affect the fair handling of the case to withdraw from the proceedings in time, help to ensure the fair and objective handling of the case and avoid the occurrence of misjudged cases.
(two) to ensure that the parties are treated fairly in the process of criminal proceedings.
This is the procedural significance of the challenge system. Criminal proceedings should not only produce fair results, but also make all parties concerned get fair treatment. The purpose of this lawsuit should be realized in the course of criminal proceedings, not the result. In order to ensure the fairness of criminal proceedings, the law must establish a mechanism aimed at keeping public security and judicial personnel neutral and fair, and the challenge system is an important link in this mechanism. Only by ensuring that those public security and judicial personnel who have an interest in the case or have other proper relationship withdraw from the proceedings in time can we ensure that all parties concerned will not be biased, discriminated or treated unfairly, enjoy the litigation rights equally and fully, and participate in litigation activities. The challenge system ensures the fairness of criminal proceedings by maintaining the neutrality of public security judicial personnel and the equal participation of all parties.
(three) to ensure that the legal system and law enforcement process are generally respected by the parties and the public.
There is a famous proverb in western litigation theory: "Justice should not only be realized, but also be realized in a way that people can see." If the public security judicial personnel have a special relationship with the case or with the parties that may affect the fair handling of the case, or the parties have reason to suspect that the public security judicial personnel have such a relationship, it will be difficult for the public security judicial personnel to gain the trust of the parties, and the fairness and legality of the litigation activities they preside over or participate in will also be doubted by the parties. The withdrawal system gives the parties the opportunity to apply for withdrawal from the public security and judicial personnel they don't trust, which gives them the right to choose the public security and judicial personnel who preside over or participate in the investigation, prosecution or trial of the case to a certain extent. This can eliminate the distrust of the parties to the public security judicial personnel and help them respect and voluntarily accept the judicial procedures and judgment results, even if the results are actually unfavorable to them. At the same time, the implementation of the challenge system and its guaranteed procedural justice value can also arouse the public's universal respect for the legal system and the process of law implementation, thus contributing to the establishment and maintenance of the rule of law order.