The Research Of Some Problems About Interrogating Of The Paper Of Forensic Science

The system of judicial appraisal as an important component of evidence system,is to safeguard judicial justice, and is an important foundation for improving the judicial system. Because of historical,political,economic,traditional and other elements, and in terms of reference of the proceedings under the influence of the long-term pattern, there is a defeat in China's interrogation system. Especially in the trial of the paper of forensic science on the interrogation is quite a lot of problems, Practice of the paper of forensic science of interrogation is difficult to carry out effectively, and usually read in the litigation through the way the proceedings were attended by the understanding, And, the paper of forensic science is usually difficult to be rational treated, sometimes be regarded as "scientific judgement", Arbitrarily adopted as the final decision; or is subject to the unreasonable questioned, the identification of issues are frequently repeated; or inadequate understanding of the paper of forensic science,they not to engage in serious interrogate or make the interrogation becomes a mere formality. In this way, the paper of forensic science will be questioned of it's reality and legitimacy, and through the existing judicial review proceedings can not be tested. In view of this, the author comments on the current a number of issues about interrogation of the paper of forensic science , the study of the Liangdafaxi practices, draw lessons, and do a number of meaningful reflections of the solution to these problems.In addition to this guide,the article is divided into four chapters , about 34,000 words.The first part is prodrome,which extatiates on the basal concepts of the paper of forensic science, the paper of forensic science and interrogation were defined, as well as the paper of forensic science as a statutory one of the types of evidence, with its interrogation by the connotation and significance.The second part is to raise a point ,according to China's current practice of judicial, the subjective and objective, legal, historical perspective for analysis of the existing problems, can be summed up in these reasons: the existence of the Legislative Defects; lack of strict rules; the parts of case who couldn't interrogate; the right betweens is unequal; the way to resolve a dispute after the relief channel is unclear .The third part is the Comparison on the system of interrogation between the common law system and the civil law system, from the comparative analysis of Liangdafaji drawn to China's reference.The last part is to methodology,it's the focus of this paper. According to the existing problems, the reference of Liangtaifaji,I draw in five aspects of the reform and improvement of interrogation of the paper of forensic science in our judicial system.