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Criminal Forensic Research, Start The Program

Posted on:2012-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhaoFull Text:PDF
GTID:2216330344950167Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal appraisal startup procedure is the key link of criminal identification procedures, involving appraisal program start right (power) allocation, the effective operation of the start-up power, involved parties start-up right ensured. Reasonable and perfect criminal appraisal startup procedure can promote appraisal opinions of objectivity and neutrality, and then realizes effectively punishing criminals and safeguard the legitimate rights and interests of the parties to target, in litigation realize entity justice and procedural justice. Our country's existing criminal appraisal start-up procedure, in a long judicial practice plays an important role, but its startup allocation of imbalance, without effective safeguard of the rights and interests, bull and issued repeat identification and judicial organs issued appraisal suggestions of social credibility is generally low, always exist and for experts and scholars have reviled. Start the process of reform of criminal identification and improvement of the attempts and explorations have been carried out.In this paper, summarize and draw on the basis of previous academic point of view, combined with our forensic legal practice, the solution of these problems are explored in order to identify our country's criminal justice effectively improve the startup program. This paper will be divided into four parts:The first chapter starts from the criminal identification process with the concept, defines "Judicial expertise", judicial expertise procedures, and the concept of Criminal appraisal startup procedure; In criminal appraisal startup procedure covers the contents summary analysis, and planned to with its covering three aspects of criminal appraisal startup procedure, as perfect organizations. At the same time, from the necessities of the study Angle, of criminal identification startup procedure of value are analyzed.The second chapter presents the criminal appraisal startup procedure legislation present situation, the existed problems were summarized, and the reasons causing the problems briefly analyzed.The third chapter using comparative analysis of foreign criminal appraisal start programs are examined in induction and analysis based on the assessment of, hoping to China's criminal appraisal startup procedure with the reference of perfection. The fourth chapter in the introduction and analysis of existing main theoretical of criminal identification startup procedure perfect pattern, on the basis of optimizing criminal appraisal startup procedure should follow the guidelines shall be defined, finally in specific programming, try to perfect our country criminal appraisal startup procedure covers the three major aspects:optimizing Chinese criminal judicial authentication start right(power) disposition ways, perfect our country's criminal appraisal start-up power of supervision mechanism and perfect our criminal appraisal start right remedy mechanism. Put forward sortie Suggestions.
Keywords/Search Tags:criminal appraisal, start-up procedure, start right (power)
PDF Full Text Request
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