Study On The Process Of Criminal Appraisal

As a very important procedure between the court hearing procedure and the judgment pronouncing procedure in the criminal trial, the process of criminal appraisal is also the continuation of the court hearing procedure and the premise of the judgment. Whether the process of criminal appraisal is scientific or not directly decides final realization and the degree of realization. So it becomes pretty important to establish a scientific and reasonable process of the process of criminal appraisal. However, in China, lacking a scientific, just and concrete process guarantee, the process of criminal appraisal needs greatly improving, including: academic circles don't pay enough attention to the study and the theory in this field is pretty poor; the legislative regulations are simple and short of logical compactness and systematic completeness; in the judicial practice the process of criminal appraisal is random, partial, disjointed and empirical because of lacking of a complete, reasonable and scientific attitude. The paper takes use of various approaches such as comparison, induction and reasoning to probe and analyze the process of criminal appraisal in China. The author holds: the independence of subject underlie the normal operation of appraisal process; when appraising, the object should be considered comprehensively and classified to guarantee its effectiveness and directness; the regulations of criminal appraisal should be standardized and systematized, which will make the criminal appraisal function lawfully; the way of criminal appraisal should be more concrete and flexible to adjust to the practical demand of criminal appraisal. As a whole, the paper discusses the guarantee of independence of subject, the clearness of criminal appraisal object and the completeness of criminal appraisal regulations by specifying the relative concepts of the process of criminal appraisal and by learning the process of criminal appraisal in foreign countries. At last, the paper puts forward some systematically constructive suggestions to improve the process of criminal appraisal after studying profoundly legislative reality and judicial practice of the relative regulations in China.