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Study Of Neutrality Of The Forensic

Posted on:2011-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:T QiFull Text:PDF
GTID:2236330371963526Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In modern society, Forensic activities to achieve neutrality is a need of democracy, scientific, fair, objective ,civilization, which is to ensure that the conclusions are objective, reliable, legitimate. The neutrality of Forensic mainly means that Forensic Institutions, Experts and proceedings achieve neutrality, which asks Forensic Institutions and Experts to achieve neutrality, and the proceedings to reflect the equality of antagonistic.Forensic system and the ideas are seriously lagging behind the pace of building the socialist legal system and legal system reform process. The lack of identification of the values of neutrality,the Expert can not consciously maintain its neutral stance; the management of Forensic institutions and experts is disordered, and lacks a unified legal norms and scientific criteria, which led to long litigation identification, repeat the identification, and relationship identification happens Frequently; the proceedings had been taken by the Power of Model, the right of the decision is entirely in control of the investigation, prosecution and judicial. The Party has only limited additional right to apply for re-identification, which is not match the spirit of the modern adversarial trial. For the reason that, in order to improve our forensic system and achieve the neutrality of the Forensic, We must draw on the useful experiences in forensic of Common law and Civil law. At the same time, we must combine with our traditional.The recommendations are as follow: the management of Forensic institutions achieves the status of neutrality; the implementation of forensic activities is regulated and monitored to protect the neutrality of Expert, and improve and implement avoidance system; both prosecution and the defense have given equal right to apply forensic. If the doubt of the initial forensic is reasonable, the re-appraisal of standard should be unified and standardized.
Keywords/Search Tags:Forensic, the Neutrality of Forensic, Forensic Institution, Expert
PDF Full Text Request
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