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Forensic Expert System

Posted on:2007-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:S N ZhangFull Text:PDF
GTID:2206360182990772Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Because technology plays stronger and stronger effects on the society disputes,authenticating results, as an important kind of evidence method, has become theemphasis of the judicial reform.《Decision of the Standing Committee of theNational People's Congress on issues of administration of judicial authentication》(shorted for 《Decision》)has been passed at the 10th Meeting of the StandingCommittee of the fourteenth National People's Congress on Feb.28,2005,and has beenput into practice on Oct.1,2005.Judicial authenticator is the most active factor in theauthentication system. This paper studies the present situation in our country, andpoints out the practical significance of the《Decision》and the existing defects, finally,it raises suggestions of ferfection. Autumn had gone and spring has come, and thepaper has been done during this period.This paper is divided into five parts, and the main body is about 35,000 words.The first part studies the outline about the judicial authenticator system, andmainly concerns the concept and content about the system. In order to help peopleunderstand authenticator accurately, this part makes a comparison among judicialauthenticator, subject of authentication and expert assistant. The writer also does someclassifications on the authenticator.The second part is some contrast researches about authentication system. Twolaw system's regulations and research are worth learning. This part explains two lawsystems' litigation status, appointment method, qualifications, right and obligation,legal responsibility .What the writer wants is to help establish and perfect our ownrelated system.The third part is about our judicial authenticator system. Firstly, it concerns thehistory development and legal background of our system;secondly, it plays greatemphasis on the present condition of our system and the great influence played by《Decision》 on the development of the system. In order to compare with abroadsystems ,this part includes litigation status ,appointment method, qualifications ,rightand obligation, legal responsibility .Some regulations in the《Decision》have greathistory meaning, such as cross—examination of the authenticator on thecourt ,registration system and the independence measures etc.The forth part is about the defects of our authenticator system and the《Decision》.Though《Decision》gives reform to our authenticator system ,it also hasproblems in the authenticator cross—examination on the court ,in the registrationsystem ,in the right and obligation system .Later, the paper does some research on thereason of the defects.The last part is about the suggestions of perfection to our judicial authenticatorsystem. Firstly, it needs to explain the guiding principle and the theoretical foundationof the perfection. Secondly, the paper talks about the concrete measures of perfection,including the perfection of cross—examination on the court system, the perfection ofindependence measures, the perfection of appointment system, the setting ofqualification test for authenticator all over the country and the suggestion to establishauthenticator trade association system. Our judicial authenticator system will meet thelaw—ruling standard.
Keywords/Search Tags:judicial authenticator, authenticator system, cross—examination on the court system
PDF Full Text Request
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