Font Size: a A A

The Legal Regulation Of The Criminal Identiifcation Opinion

Posted on:2013-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:P SunFull Text:PDF
GTID:2246330374463415Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal identification opinion is one of the stipulated legal evidence types after the amendment of Chinese Criminal Procedure, which is laid down to solve the emerging special problems in the process of recognizing the case facts of criminal proceedings. But the provisions of the Criminal Procedure Law of the identification opinion should be improved to become reasonable and perfect, leading to the identification system more chaotic in the process of judicial practice, and sometimes even causing serious obstacles to the final conviction and sentencing. Therefore, the enforcement of follow-up reforms is imperative.In this paper we focus on the overall procedure sequence of the criminal identification, and seek to start from the application of identification opinion into the judge free evaluation of evidence to determine the case facts and the existing problems of all aspects in the whole process of fair trial. First, discuss clearly the applicable scope of identification; Second, comprehensively compare the differences between the common law and civil law for the assessment system in the allocation of identification starting rights, and seek a fair and reasonable distribution system of identification starting rights and the procedure rules to start with the study of comparative law; Third, comprehensively analyze the survey of legal evidence-the identification opinion from the perspective of the strict proof and evidence prohibition of evidence rules, to identify how to determine whether criminal identification opinion has evidence ability; Finally, based on legal philosophy and jurisprudence, discuss the theoretical principles of criminal identification opinion probative force and put forward the position and views of the authorWhen studying the identification opinion and procedure theory, contact the current legislation, point out the deficiencies and try to put forward the appropriate and feasible solutions, hoping to promote the expecting reform of the criminal identification system in China.
Keywords/Search Tags:Identification opinions, Criminal Procedure, Rules ofprocedure, The Criminal Procedure Law amendment
PDF Full Text Request
Related items