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Civil Forensic Issues Discussed

Posted on:2009-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:T GengFull Text:PDF
GTID:2206360272483992Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
At the present age,the judicial identification system has become an important part of legal system in most countries in the world and to a certain extent,it reflects the soul of the legal system,judicial system, litigation system and evidence system of a country.Therefore,the research of a country's judicial identification system is much helpful to hold the general condition of litigation system,even judicial system thereof.In view of above,I try to analyze several subjects in the civil judicial identification system of China in this article.This article mainly contains four parts:ChapterⅠSummary.During this part,I make definitions to the identification system and other related concepts,divide the identification system into different categories and reclaim the principle which the identification system should follow,so the confusion of concepts can be avoided in the text below.ChapterⅡThe main body of identification system.During this part,Expert witness is confirmed as the basis of expert's conclusion,its definition and status have important meanings when judging the rationality of an identification system.Thus,during this chapter,I declare my view of establishing the system of Expert's Assistant.ChapterⅢExpert's Conclusion.Expert's conclusion is the core of the whole judicial litigation system.All designs of procedure system are on purpose of gaining an effective and credible conclusion.At the same time, because expert's conclusion defined as a respective category of evidences has its own character and value,only the construction of judicial identification system is meaningful among the whole evidence system. Therefore I take time to identify and discuss the characteristics and value of expert's conclusion and suggest the way of solution to the conflict conclusions in practice.ChapterⅣJudicial Identification Procedure.This chapter contains four parts:the start,implement,check-up and acceptance of judicial identification procedure.During the chapter,I compare the civil law system with Anglo-American law system with emphasis on the differences of judicial identification procedure,in order to make our judicial identification system more reasonable.I write this paper with the purpose of making reasonable configuration of right and power and correcting the errors in practice,in order to construct a reasonable "judicial atmosphere" in our country.However, because of the limit of my academic ability and lack of practical experiences,the discussion of some issues is superficial.Please point out my mistakes so that they can be corrected.
Keywords/Search Tags:Judicial Identify, Expert Witness, Expert's Conclusion, Judicial Identification Procedure
PDF Full Text Request
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