Indictable Cases Identification Start The Program Study

The expert evidence takes in the legal procedure an important link, exercisesthe pivotal function in the judicature. But in the last few yeats, our countryidentification system extposes very many flaws, has encountered the academiccircles as well as judicial solid service attacking or criticize fiercely. The expertevidence reform is the our country judidal reform important content, also is thescholarly research and the legislation work key point. But academic circles andlegislation department more attention to expert evidence system consummationand appraisal unification management, but to appraises the procedure the standardand the consummation attention is insufficient. Looked like from the expertevidence practice, very many questions and appraisal start procedureunreasonable imperfect related department. This displays in the criminal appealcase prominently, for instance the public security judicial organ has monopolizedthe expert evidence start power, but the crime suspect, the accused person onlyhave the limited appraisal application power. This violated has controlled debatesthe balance the basic principle, in the very great degree deprived the crime suspect,the accused person has presented evidence the power, the right to counsel, hasviolated the procedure just principle, was disadvantageous to the human rightsprotection, and the public security judicial organ's appraisal start power lacked theessential inspector general robe easy to appear the authority abusing, this also wascauses many appraisals, the repetition appraisal important reason. In view of this,this article take the criminal appeal case as the reference, the utilizationcomparison research method, has carded on the thorough inspection to thewestern some typical countries identification starting procedures.Part one, the author first to the mainland legal system country, the EnglishAmerica legal system country and the mix principle lawsuit pattem typicalcountry appraisal start procedure has carried on the system inspection. Has carriedon the division in this foundation to the western nation appraisal start procedurepattem, namely divides into the authority principle appraisal start pattem, mainlyincludes mainland legal system country and so on the Franoe, Germany andRussia; The litigant principle appraisal start pattem, mainly includes English America legal system country and so on the England, America and Canada;Themix principle appraisal start pattern, mainly includes Japan and Italy. Then hasseparately appraised each kind of start pattern merit and the shortcoming.Afterwards appraised the start procedure aspect to the mainland legal systemcountry and the English America legal system country the new trend to carry onthe introduction in recent years, thought two kind of appraisals starts patternexistence mutually profited from phenomenon. The author thought through theabove analysis appraisal, appraises the start procedure to our country the reformconsummation to have the stronger model significance.Part two, our country appraises the starting procedure the present situationand the evaluation, First unifies our country relevant laws and regulations,outlined our country to appraise the starting procedure the present situation,namely our country public security judicial organ has monopolized the expertevidence procedure start power and appraises the person to appoint the power, thelitigant only has the application power which the supplement appraisal,reappraised, also did not have the choice to appraise person's right Then hascarried on the simple comparison to the Chinese and foreign appraisal startingprocedure. Has carried on a more thorough analysis in this foundation to in ourcountry existing appraisal starting procedure question, and then pointed out itsmalpractice, namely detects controls the institution authority oversized, controlsobviously debates the bilateral strength to be unbalanced; Debates the sideprocedure participation power too slightly, has damages the procedure to be fair;,Many appraisals,the repetition appraisal question is prominent, affects the lawsuitefficiency.Part three is on the reform and the consummation of the starting procedure.First had pointed out the appraisal start procedure reform and the consummationvalue goal, namely is fair and the efficiency. These two values are we appraise thegoal which the starting procedure the reform and the consummation mustalso is the effect standard which weighs us to reform. Afterwards introduced theeducational world about the appraisal start procedure reform several viewpoints,bases our country judicature practice, absorbed the western two big legal systemsappraisals starting procedure aspect the experience lesson, the author proposed the reform overall mentality: One, to the authority start appraisal procedure suitablerules and regulations, two is appraises the reasonable expansion to the litigantwhich the procedure starts. Take this as the guiding ideology, then proposed ourcountry identification the starting procedure reform perfect concrete plan. Namelyon the one hand to the authority start identification procedure reform, mainlyincludes to investigates the institution to appraise the start procedure the rules andregulations and to the court self-starting appraisal start procedure rules andregulations, on the other hand is starts the identification 1 procedure to the litigantthe reform. The appraisal start procedure reform is a systematic project, in order toguarantee the identification starting procedure good revolves, the author to severalnecessary questions which closely was connected with it has carried on the simpleelaboration.