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On The Procedure Of Starting Criminal Judicial Identification

Posted on:2013-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2246330374487768Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The procedure of starting criminal judicial identification is a special part of criminal proceedings. It Contains application、determining、 selecting expert and relieving right. It is a link which has a decisive role to the attribution of rights and obligations in criminal proceedings. The procedure of starting criminal judicial identification is a mechanism which is formed by the interaction among the prosecutor、the defense and the judge. The idea as the equality between the prosecutor and the defense、procedural justice and the statutory procedures.The procedure of starting criminal judicial identification in our country has inherited the system of The Soviet Union. In allocating rights, the judiciary has the power to start the procedure of criminal judicial identification. And the suspect or the defendant only can apply to identification again or addition-ally. By studying system about the start program of criminal judicial identification in Anglo-American law and Civil law country, we can accept more useful information to improve our system. The most important point is emphasizing participatory for people.In my article, I propose my view in improving the system of the procedure of starting criminal judicial identification. Firstly, we should limit the range and the power of identification in the stage before trial. How to assign the right of application、etermining and opposition in The First Trial. We also should emphasize in The Second Trial that judge censor the range and reason of appraisal and control frequency. At last, the man who have be suspected and sued should be accorded more right for relief.
Keywords/Search Tags:judicial identification, procedure, start, right
PDF Full Text Request
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