The Reserch On Forensic Expertise Of Criminal Proceedings

The initiation of judicial expertise is the beginning of judicial expertise, it is the most important part of the judicial expertise. Provisions on the starting right of criminal identification in criminal lawsuit are very few and principled in criminal procedure law of the people's republic of china, the practical of it is not very good. With the development of judicial reform in china, the provisions about forensic expertise was out of date and incoordinate with the values of criminal action. In practice there ara a lot of problem, such as redundant identification, the deficiency of itigious right of the parties and so on. And the citizens' legal awareness is more than before, we ask for establishing a scientific impartial efficient system.As foundation concept of the initiation of judicial expertise, the concept of judicial expertise is controversial in academic circle. The controversial are about the identification of stage, the deciding subject and the certifying agency is specific or not. National People's Congress standing committee makes stipulation for standard judicial expertise as local laws and regulations. And the identification of various parts of the concept of justice are not the same. They stop arguing on February 28,2005 on the Tenth National People's Congress Standing Committee 14th Meeting, because there is a very special law. Article:forensic is a kind of activity which Science and technology and expertise are used by dentifier to identify and determine and offer the conclusion. The law is frist time to prescribe the concept of judicial expertise. So it has a well function on guidelines and norms. The forensic expertise is the very important part of forensic. I think it contains three elements, the identification of the Start decision, the right to apply and the power of attorney.The provisions of the foreign are different because of the different litigation. Generally speaking, judges in civil lawsystem have more power to initiate. The prosecution and defense can only control and supervision the power of judges, they don't have the virtual rights. The power to initiate in common Law country emphasize on competition between the litigants. They enhance the efficiency of lawsuit. The litigants universally have the power to initiate. But this system also has deficiency. Expert witnesses get reward from their client, so economic link makes people think that identification of injustice and repeat identification. In recent years two litigations begin to learn from each other and it works well.The power to initiate in our country is not very good. The are lots of cases about forensic, such as "Huangjing case", "Qiuxinhua case". Those cases make an hot issue due to the contradiction between the provisions of law and judicial practice. In our country judicial authority have more power to initiate, litigants especially criminal suspect and victim. They only have the right to apply reappraisal and additional identification. Prosecution and defense don't have equal setting the right. So Justice is out of balance. Repeated identification and identification have occurred long. Therefore improve our power to initiate criminal justice system has become very necessary.The power to initiate based on such ideas that is the procedure in criminal justice and the right to appeal. Procedural justice is also known as the just visible. Justice should not only be achieved, but also to people seen to be achieved. The importance of party right of appeal is a request to protect their legitimate rights and interests of the State. At present, China's academic circles, there are two representative on the allocation of criminal justice about the idea of the power to initiate. Frist, identification of the start right to decide all unified by the courts. Second, prosecution and the defense both have the same power to initiate. Two scenarios have reasonable regard. But they also do not meet current conditions or to difficult to achieve. Start building the criminal identification system need to consider the case of private prosecution of criminal prosecution and the difference in the burden of proof and based on it. From the start of the main,different stages of proceedings, the angle of the power constraints and conditions to consider it.This approach is not desirable that judicial authority have the most power to initiate or the parties have no right at all. This is a measure of starting the allocation of power that is limiting public power and improvement of lawsuit efficiency. That is the only way to achieve a just and resolve the cases fast.