Dissertation On Examiner's Civil Liability In Criminal Procedure

Examiner is an key factor in forensic activities and plays an important role in modern criminal suit process. The identification conclusions they made according to the special problem in the case will be proofs on court, and always have a decisive impact on identifying facts in the case. It's examiners' role and status that have determined their liabilities。However, in our existing laws and regulations, it only involves examiners' liability and administrative responsibility, but nothing to do with civil liability.Besides the introduction this article is divided into three parts.The first part discusses about the common theory of the examiners' civil liability in criminal suit process, including examiners' role and status in our criminal suit process, the concept and kinds of examiners' civil liability in criminal suit process, elements and identification of examiners' civil liability in criminal suit process. We've assure the examiner's civil liabilities by analyzing examiner's civil action to endow them with civil responsibility.The second part discusses the necessity of affirming the examiner's civil liability in criminal suit process from aspects of theory and practice. Meanwhile, we've discussed the feasibility of affirming examiners'civil liabilities in criminal suit process from the aspects of economy, culture and legality.The third part is the most important. In this section, I'm discussing the application of examiners' civil liability in criminal suit based on the civil liability theory and combining the criminal suit theory. I put forward six ways of bearing civil liabilities and two defenses of our examiners' undertaking civil liability in criminal suit by summarizing responsibility principle of examiners' civil liability.