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The Examination And Verification Of Expert Conclusion

Posted on:2003-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:L J YanFull Text:PDF
GTID:2156360092460125Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
An expert conclusion is an important kind of form of evidence but expert conclusions haven't the force of evidence and admissibility above other forms of evidence. The basic conception and features of expert conclusions, the attributes and functions in action and the inevitable contradictions and conflicts of all kinds of expert conclusions decide the necessity of examination and verification by a judge. Although our country hold firm the system of evidence of "seek truth from facts", in fact, at present, examination and verification of expert conclusions by a judge in our country can't separate from the basic laws of acts of judgment about the force of proof and admissibility of evidence, which is undoubtedly a course of free belief in heart. In the acts of evaluation of laws of examination and verification of expert conclusions, a judge should comply with procedural rules restrictly, restricted by relative systems, in light of practical and logical rules, examine and verify them legally with free belief in heart. At present, a series problems existing in every aspect, such as chaos of the management of the system of identification, lack of relative procedural systems in action, the defects of the practical rules as such and the extent of the professional quality of judges in general, make the acts of examination and verification can't measure up to scientification and consistence with norms and can't develop the effect of evidence of expert conclusions fully.Therefore, how to integrate with the practice in our country, raise the professional quality of judges, in order to ensure the appropriateness of subjects of corroborating evidence, strengthen and confine the management of the system of identification, restrict free belief in heart in examination and identification of expert conclusions reasonably through theestablishment and the improvement of the procedure in action and other rules of evidence are contained in the scope of demonstration of the article. The purpose of it is to avoid the side effects of free belief in heart and to achieve the aim of judicial justice of verifying facts correctly and handling cases justly.
Keywords/Search Tags:expert conclusions, examination, verification, consistence with norms
PDF Full Text Request
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