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On The Criminal Procedure Of The Formation Of Expert Conclusions

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuangFull Text:PDF
GTID:2216330338471443Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal justice expert conclusions which are scientific and fair can be the correct key to making judicial decisions. The procedure of the formation of expert conclusion is an operational and strong practicality procedure that needs solid professional skill and rich practical experience. Standardized procedures for criminal identification of the conclusions generate identification of the conclusions can be effective in protecting the impartiality. In this paper, the actuality and the exiting problems in procedure of producing the expert conclusion in China are analyzed, and based on China's current situation and use of foreign experience for reference, puts forward relevant countermeasures. This paper falls into four parts. Part 1: Introduction; Part 2: Basic theories of procedure of producing the expert conclusion; Part 3: China's current situation of procedure of producing the expert conclusion and analysis of cause; Part 4: Suggestions on regulating China's procedure of producing criminal expert conclusion.Starting from cause of the study, Part 1 explains the purpose and significance, and synoptically describes the main content and the basic train of thought.Part 2 expounds the concept of criminal expert conclusion and introduces contents of the formation of criminal appraisal conclusions through specifying essential aspects concerning definition and characteristics, and then concludes meanings of normalizing criminal procedure of producing the expert conclusion from vales pursuit of justice, efficiency and orderliness.Part 3 introduces China's current situation of procedure of the producing of the expert conclusion and analysis its cause on the aspects of criminal appraisal subject, criminal appraisal procedure of preparation, concrete criminal evaluation procedure and criminal appraisal conclusion, at the same time, attributes them to four reasons: the first, legal defects and lag in criminal appraiser standard; the second, multi-level ability of criminal judicial appraiser and the third, lack of supervision and regulatory mechanism.The fourth part is suggestions which are in order to make the procedure of the formation of expert conclusion standardization. Based on the analysis of Part 3, this chapter discusses the improvement countermeasures. At first, put forward principles that should be followed which are the countermeasures must be realistic, justice, efficient, resource conservative and scientific. And then, puts forward suggestions from aspects of appraisal subject, procedure of preparation for criminal judicial appraisal, procedure of implementation for criminal judicial appraisal, and appraisal conclusions, and then standardizes the criminal justice system.
Keywords/Search Tags:criminal identification, procedure of the formation of expert conclusion, appraisal subject, judicial appraising standards
PDF Full Text Request
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