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Research On Cultural Conflict In Forensic Expertise

Posted on:2015-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y C JiangFull Text:PDF
GTID:2176330467965313Subject:Investigation
Abstract/Summary:PDF Full Text Request
China accumulates profound legal culture throughout its history of judicial acts. Judicialidentification, as an important procedure in the judicial operation ever since its inception, alsoboasts distinctive cultural characteristics. The culture of judicial identification, like that ofchina’s legal system, is formed in specific social environment in different times, under theinfluence of related rules and policies. The culture of judicial identification can be defined asthe value orientation of all stakeholders concerning a judicial identification act toward the actitself. In terms of the practices during the conduct of judicial identification, it is the valuecontradiction between the client and the operation conductor that stands out as the toughestissue in the field of judicial identification, to put objective and technical limits aside. Suchcultural conflict is often shown from the dramatic and even absurd actions of the clients, suchas harassing and pestering the operators, pressuring the government and using the mediaweapon, for the purpose of changing the identification results, hence changing the judicialdecision. As the major cultural conflict pattern in judicial identification, the conflict does notarise out of nothing. In this paper, the author discusses the reasons for the conflict and specificsituations, based on the analysis of recorded complaints concerning judicial identification.The author also points out the features of this cultural conflict pattern in judicial identificationas a way to differentiate it from other conflicts. At last, some solutions on the cultural levelare proposed.This paper is divided into four chapters except the introduction. The first part of this articlebegins with the complaints and harassing judicial identification, analyzing results ofcomplaints concerning judicial identification in recent years, extending background of theculture conflict to current situation of culture conflict in the judicial identification, laying thefoundation of culture conflict in the judicial identification in the next part. The second part ofthis article analyzes reasons of cultural conflict from the background of historical and cultural,social reasons, institutional analysis. The third part of this article carries out deeply study onthree directions in forms, characteristics and functions. The fourth part of this paper gives thepractical proposal in dealing conflicts from the consideration of culture, and proposessolutions focused on the harassed identification.
Keywords/Search Tags:cultural conflicts, harassing judicial identification, complaints, judicialidentification result, traditional culture, modern culture, cultural self-discipline
PDF Full Text Request
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