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Commencement Of Judiciary Authentication In Criminal Procedure

Posted on:2007-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2166360185953542Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of science and technology,the judges need to expand their awareness through judiciary authentication in an increasing number of areas in order to settle special issues and identify the facts of cases. Judiciary authentication plays more important role in more extensive proceedings. This trend is inconsistent with our judicial system. There are many abuses in our judiciary authentication system. In our country , operation of judiciary authentication is inconsistent with the principles of litigation, and these unreasonable system affecting judiciary authentication's functions. Commencement is a very important problem to judiciary authentication. It is the beginning of judiciary authentication, and it is the exercise of the judiciary authentication power. Commencement of judiciary authentication is the result of litigation theory, evidence system and judiciary authentication system. Western scholars believed that the judiciary . Commencement is the key processes of authentication identification.The article attempts to analyze judiciary authentication in six parts. The first part summarizes the identification of judiciary authentication. Powers operating in judiciary authentication are divided into application power, decision power, and the power to choose expert. Part two is the part to summarize our current judicial legislation, and pointing out the disadvantage. The third part is comparative law studies, mainly in Britain and America , France and Germany。Part four analyses the difference of two kinds of judiciary authentication commencement, points out that the model such as America is not suitable for China. The model such as France and Germany should be used for reference. Part five, my construction is based on the theory of equity values and the principles of parties. Pre-trial system and the consolidation of experts are also necessary to my construction. Part six is the particular discussion of my construction.
Keywords/Search Tags:judiciary authentication, Commencement, construction
PDF Full Text Request
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