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The Discussion Of Forensic Appraisers Appearing In Court In China

Posted on:2008-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2166360215463199Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Because of historical,political,economic,traditional and other elements, forensic appraisers appear never in court as a witness rarely. In court, the parties of case who couldn't interrogate to forensic appraisers argue about a paper of Forensic Science. The judge and juror, who are short of professional technology, face to the paper of Forensic Science helpless. The judgments sometimes lie on the forensic appraisers, somebody discover the faults of the Forensic Science. If forensic appraisers are willing to appear in court as a witness to explain circs, everybody can understand the conclusion. It will make sense to reformation of management of Forensic Science.There are four parts in article. The first one is prodrome, which expatiates on the basal concepts of forensic appraisers, analyses character and meaning of forensic appraiser. Forensic appraisers as a witness have their own character. Forensic appraisers are professional, who master the professional technology to judge the special issue.The second part is the investigation and comparison on the systems of forensic appraisers appearing in court as a witness between the continental law system and the Anglo-American law system. Between the laws of the right and obligation of forensic appraisers, I sum up the similarities and differences of two law systems.The third one is to raise a point. In china, the hard nut to crack is that the appraisers are not willing to appearing in court as a witness. There are four reasons: lack of the law of appraisers appearing in court; be empty of protection of forensic appraisers; appraisers needn't to be charged with legal duty; be lack of adversary system.The last part is to methodology. On the basis of study of the cause and harms and according to the fact of our own country, some principles and systems are described by the dissertation. Namely the right and obligation,adversary system,legal duty of forensic appraisers, building the system of appraisers appearing in court of our own country.
Keywords/Search Tags:forensic science, forensic appraisers, Expert witness, appear in court as a witness
PDF Full Text Request
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