The Neutrality Of Forensic Science

As the main types of scientific evidence, the litigation value of expert opinion has been more and more important. To seek expert opinion of the scientific, just as important participants in the proceedings of the main goals. Forensic expert opinions as scientific neutrality, impartiality precondition, the importance of more and more attention. However, my system still exist in the forensic identification of judicial neutrality of the relevant aspects, forensic practice, it is also a violation of the neutrality of the phenomenon of judicial appraisal. Forensic identification of neutrality is subject to judicial proceedings in the main body to be independent, judicial appraisal of the main proceedings if the individual does not participate in the main stand, easily lead to the tendency of expert opinion obviously, the credibility of the expert opinion will fall. Adopted by the court expert opinion is difficult to apply for re-identification and identification of additional cases will be more and more, this is not conducive to the overall development of forensic, is not conducive to the smooth progress of the proceedings. Therefore, need to address these issues from the institutional to the true meaning of Forensic neutral property.From the Forensic subject neutrality status of the deficiencies as a starting point, combined with procedural law, evidence law and forensic science knowledge, contact China's national conditions, analysis of foreign forensic neutral values, for the improvement of Forensic neutral property the author's policy recommendations put forward. Total of about 30,000 full-text characters, consists of four chapters. The first chapter describes the basic theory of judicial appraisal. Forensic and from the concept of neutrality, neutrality of the judicial expertise explained the concept and analyze the difference between neutrality and independence, judicial appraisal of deriving the main content neutrality. This chapter also analyzes the forensic needs of the important reasons to maintain neutrality, which describes neutral forensic procedural justice for the proceedings, substantive justice, and expert opinion of the importance of fair and objective.The second chapter describes the neutrality of forensic status. Forensic neutrality combined with the main content of accreditation bodies from the judicial neutrality and judicial status of the status of neutral experts point to elaborate. forensic neutrality of the status quo include investigating the internal organs of the identification of bodies, judicial and administrative organs established by the accreditation bodies and the community forensic neutrality status, forensic neutrality status consists mainly of forensic and judicial experts, judicial officers , the relationship between the parties in the case of neutrality.The third chapter examines other countries and jurisdictions identify the status of neutrality, and neutrality of the two legal national forensic analyses and evaluation of the current situation and pointed out that China should study and learn from.The last chapter is based on the first three chapters; put forward a sound appraisal of judicial neutrality measures. In this chapter, the author is in the condition of our country based on the combination of other countries and regions, the neutrality of the advanced experience of the improvement of forensic neutrality, Forensic neutrality made the author's own views and suggestions, and to judicial identification of the relevant neutral perfection I put forward views.