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Forensic Credibility Of The Study

Posted on:2007-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:G C WangFull Text:PDF
GTID:2206360212483292Subject:Law
Abstract/Summary:PDF Full Text Request
The forensic science means those activities in which expert witnesses apply technologies or special knowledge to identify and judge specific problems in court and provide expert opinion.Expert opinion ,which is called opinion evidence in our main three procedure laws is one of the seven legal forms of evidence simulated in our procedural laws. It not only has the function of evidence itself ,but also has a unique function of confirming and determining other evidences, expert opinion plays such an important role in finding out case facts , correctly applying the law, safeguarding litigious activities to process legally and smoothly that it is frequently called "the king of evidence", and expert witnesses are called" judges of science".But for a long time , there exist many abuses such as insufficient of legal norms ,disorder in administrative system, absent of supervision and administration ,uncertain of legal obligation. They have damaged the scientific ,objective ,authoritative nature of forensic science, brought about the public oppugning for forensic science , debased the public credits to forensic science .Furthermore , these abuses have prevented the litigious activities fromprocessing smoothly and the aim of forensic science system-servelitigation ,promote judicial justice-from being achieved.In order to eradicate above abuses in our forensic science system and exert the specific values that forensic science has indeed, our forensic science system slowly began its reform course from the end of last century. At the end of 2004, the CPC Central committee transmitted a document "Opinions on Reform of Judicial system and working mechanisms", which determines the requisitions of direction and objective of the reform of forensic science system in policy level. In February 2005,the Standing Committee of NPC deliberated and passed "Decisions on Problems of Administration of Forensic Science System" .As the first important legal norm on forensic science affairs ,It for the first time establish the basic frame of unified administration of forensic science system in the form of legal document .But as to the situations of the enforcement of it in the first year , the abuses exist in the field of forensic science for long-term have not been changed entirely., low public credits toforensic science is still the core problem that perplexes the whole forensic science affairs.. So, it has extremely important realistic significance to research and solve those abuses that influence the public credits to forensic science and seek effective methods to increase public credits to forensic science.To increase public credits to forensic science is a complicated systematic project that is related to the long-term development of forensic science cause. Concerning situations of judicial practice and technologic development, I think we should stick to the following principles to reform our forensic science system and to increase public credits to forensic science: keep pace with the times and base ourselves upon actual situations in China, take the reality of construction of Chinese legal system into consideration and fully embody the spirit of modern judicial ideals. First, in designing the concrete system , such modern judicial ideals as equality of litigants justice of procedure , judgment on evidence should be fully embodied to realize the objective of reform to unify the administration of forensic science ;secondly ,we should benefit from rational elements of forensic science systems in other countries to establish a series concrete systems that can safeguard the public credits to forensic science, such as system of personnel roster for forensic science, system of responsibility of expert witness ,system of challenge of expert witness, system of neutrality of forensic science, etc ;thirdly, .system and rules of opinion evidence to be cross-examined in court should be established by such concrete measures as standardizing the forms and contents of opinion evidence, ,perfecting the cross-examining procedure of opinion evidence, setting up and perfecting the system of serving as a witness at court for expert witness; finally, we should establish and perfect mechanism to appraise public credits to forensic science and penalty mechanism for those who lose public credits and through these effective supervisions ,we can safeguard the legality of forensic science practices and maintain the fairness and authority of forensic science...
Keywords/Search Tags:forensic science, public credits, reconstruction of system, unified administration, supervisory mechanism
PDF Full Text Request
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