On The The Criminal Identification Rights Configuration

This article researches the system of expertise rights in criminal procedure with the sociological theory of "structure-function". With the comparative perspective, the article deeply reviews the basic principles of the continent law system and the common law system about the expertise rights, and evaluates the procedural function; details the conditions of the several representative countries to gain the enlighten; interprets the practical problems in the system of expertise rights; puts forward the issues and concretive suggestions on which based the other kinds of reform suggestions in literatures, and reveals the revelatory significance with the conclusion for the reform of criminal procedure structure in China.With the structure and main contents, besides the parts of instruction and the conclusion, the article is consisted of six charters. Among the them, the charter one and two provide the prerequisite and basic background with the main contents; the charter three and four observe and study the system modes and styles of the expertise rights about the continent law and the common law; the charter five and six will research the problems of expertise rights in China. Now, I will summarize the main contents as follow.In the part of the introduction, it first puts forward the questions of this article. With the three kinds of legislative schemes on the reform of system of expertise rights in literature, the article advances and settles out the question is how we will improve our system of expertise rights. Second, It indicates the academic and practical significance. The academic significance lies in the deeper research for the simplification in literatures in China, and makes the necessary academic dialogue. The practical significance depends on the two parts, one is promoting the comprehension with actual problems; the other is resolving the drawbacks in legislation. Thirdly, It ensures the frame of academic research of this article. The article establishes the theory frame of the so-called "function-structure" with the help of Mirjan R. Dama ska's academic achievements. The procedural function with which criminal procedure structure system provides the political system will be divided into two kinds, e.g. one is "substantive truth"; the other is "procedural fairness". Accordingly, the structures what implements the two kinds of function are apart divided by both of the "inquisitorial system" and the "adversary system". At last, It will arraign the structure of the article and additionally narrate the topic area of the article.The Charter One assures some analytic conceptions related to the article for the basic prepare of the academic expression. Aimed at the condition to the very mess with some conceptions, and the unnecessary dispute in our literatures, this part will define some important conceptions, such as the expertise, expert evidence, expertise right, system of expertise rights, expertise rules, "repeated expertise", so that the usage of the conceptions...