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A Comparative Study Of Identification Opinion

Posted on:2016-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:L LvFull Text:PDF
GTID:2206330479492094Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Expert opinion plays a negligible role in solving special problems of lawsuit, with expert opinion the facts of case can be found out more efficiently and conveniently, help the judge with cognitive deficiency in solving special issues. Criminal Law amended the " expert conclusion " to " expert opinion " in 2012, the difference between the two words restored the fundamental attributes of expert opinion as ordinary evidence, strongly emphasized judiciary’s duty of examination, and weaken the judicial personnel blindly trust expert’s opinions in a large extent. But in judicial practice, the characteristics of the expert opinions may result in situations that will affect credibility and strength like repeat identification. This paper take expert opinions of criminal identification as the breakthrough point, longitudinal discuss the existing basic problems of China’s identification system related to expert opinions, transverse compare the difference between British and Americans expert witness system, the civil law countries identifier system and China’s expert opinion system, analyzed the identification dispute in application of expert opinion, and puts forward some suggestions on how to solve the identification dispute in applying expert opinion.
Keywords/Search Tags:expert opinion, expert witness, identification dispute, identifier to testify
PDF Full Text Request
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