Case Analysis And Research Of Forensic Science Procedure Of Criminal Litigation

In this paper, Dalian Chen De hui law firm tax evasion crimes and Shanxi Xing hua homicide as the object of analysis. Among them, exposing our forensic system has many problems, the main focus on the appraiser neutrality rules and psychiatric forensic procedure starts. Our forensic system for the neutrality of forensic aspects of forensic body does not stand in the proceedings involved in the main; easily lead to the expert opinion of the obvious tendency also decreased the credibility of its expert opinion. From the neutral concept and the basic requirements of the judicial identification of the main contact of China’s national conditions, expounded China’s forensic status of neutrality, that there is the identification of institutional internalization; identified to start with terms of reference dependence; identification procedures involved in the mechanism inadequate; neutrality objection to the relief mechanism; the problems in the management of appraiser. To define the qualifications of the appraiser, pointing out that the appraiser is not the existence of lattice problems, the status of neutrality and the two national forensic analyses. Qiu Xinghua case, the investigation organ for examination and prosecution and judiciary have the right to the start of the forensic, the parties Only the right to apply for additional identification and re-identification, the parties forensic right to apply for, but not whether to start judicial identification discretion. Even the public security organs have the right to decide to start, but the distribution of power, there have been confusion, inefficiency and features. The identification of this imbalance start right allocation significantly detrimental to the fairness of procedures led to the emergence of a range of issues. Parties residing in key locations throughout the litigation, the law should have the appropriate procedural safeguards for the parties to participate in the identification of the boot process to the case the reality of the procedural safeguards of the parties were not doing well. World forensic psychiatric identification procedures start mode: identification of the Anglo-American legal systems with strong flexibility to start mode and the rigor of the civil law system identification startup mode, the two types have their own characteristics, even if the Two internal identification start the program in the use of different. The end of the article, this article from the identification of the start of neutrality rules and psychiatric forensic procedures proposed legislative proposals, mainly through the improvement of the mechanism of neutrality objection to the relief; strictly limited exceptions; give the parties to the judicial psychiatric appraisal Start rights, strengthen the judiciary’s neutrality and other practices to improve the identification of forensic psychiatry start the program from the system the largest program, to ensure that the identification of neutral identification, truly forensic according to the law of protection proceedings as a "vulnerable groups "the legitimate rights of the parties to achieve the organic unity of substantive justice and procedural justice.