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The Study Of Standardization Of Criminal Identification System

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2166330338995625Subject:Law
Abstract/Summary:PDF Full Text Request
As an important component of the criminal procedure law,criminal identification is a kind of criminal procedure where the public security organ and the People's procurator ate for the reason verifying the case to assign or hire people with expertise to identify and judge some professional problems in the case. criminal identification is the important foundation by that the people's court to deal with cases fairly,to give a proper punishment fits the crime,to ensure judicial independence and to establish an important foundation of judicial authority. Two law systems have made the corresponding rules for criminal identification,but there is some differences on the qualifications as authenticators,the settings of identified institutions,the right to start and power of decision of the criminal authentication and authenticators' mode of oppugning.With the continuous progress and development of society,the criminal method of criminal cases are complex and various,it inevitably requires our country's criminal identification gradually consummation. But at the present our country's criminal identified actions has many shortcomings,such as authenticators lack of uniform perfect management mechanism, appraisal organizations set up confusion and their duty are not clear,the rights of both of the accused and the defendant lose balance in the starting process of identification,the testifying rights of parties are not ensured and so on.This thesis analyzes the current state of China's criminal identification system and problems existed.Meanwhile,a comparative study is made on criminal identification systems between Continental Law System and Anglo-American Law system,which acts as the reference of assumptions proposed later on reconstruction of China's criminal identification system,establish unified national appraiser qualification examination,establish scientific,neutral and just appraisal organizations, consummate the start procedure of identification,improve and consummate the authenticators court cross-examination system and so on.
Keywords/Search Tags:Criminal Identification, Judicial Authentication, Authenticator
PDF Full Text Request
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