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Research On Evidence Of Speed ​​Identification In Traffic Accident

Posted on:2015-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WangFull Text:PDF
GTID:2176330431480973Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of automobile industry,the car ownership is in rapid growth in recent years.This brings great convenience also frequent accidents.For the principle of saving lives and maintain smooth traffic,the variability in the scene of the accident is more large than others.A major problem faced by the traffic police department is how to find out the facts of the case in the shortest possible time, to make a fair and effective responsibility for the accident identified.A fair and effective responsibility for the accident identified found more easily recognized by the party for the accident, so it can improve efficiency and save limited judicial resources.Identification the speed of the vehicle can not only determine whether the vehicle speed is the main cause of the accident,the accident scene can also restore some extent. Its more conducive for the investigators to find out the facts,make the most accurate responsible for the accident.With the development of technology, more and more technology in the form of expert opinion evidence to be applied among the country’s judicial practice, which of course also includes speed expert opinion evidence.However, due to the strong professional and automobile industry in China started late but growth fast, the rapid development of the appropriate speed identification techniques have not formed a perfect matching mechanism.Thus,from the start of this article I focus on the following aspects,to explore the speed expert opinion evidence in judicial practice from a range of produce to the application program, and for a series of problems that exist in the current judicial practice,to explore the feasibility.First, the author start the first part of this article with the concept of technological evidence as well as the expert opinion evidence, to define the speed of expert opinion evidence, which came out with the speed of technological expert opinion evidence has technological property, as well as evidence.Secondly,the second and third part, the author started with focused on the data that measuring the speed needed, and focused on the precautions in explore the obtain and present evidence in judicial practice, especially the author introduces several common principle of the method of measuring the speed,I believe it will be more practical value.This is also the author writing the value of this article.Finally,the author discussed testimony and legalize of the speed of expert opinion evidence.By constructing an auxiliary expert witnesses,as well as technical consultants to protect the essence of cross-examination, in order to prevent a mere formality.Also suggested the judge should announce its free evaluation of evidence consist of reason and result rather than merely the result. Via the above to reach the purpose of justice, as well as to better safeguard the interests of the parties.
Keywords/Search Tags:vehicle identification, evidence, Collect evidence evidence, Present evidenceTestimony evidence legalize
PDF Full Text Request
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