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Research On The Establishment Of The Expert Witness System In Criminal

Posted on:2013-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:L F WangFull Text:PDF
GTID:2246330374991339Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal expert witness is a witness who possess expertise or skills hired by theparties in order to solve the technical facts of the dispute in the criminal proceedingsand provide the opinion testimony on evidence or facts point of contention to help thereferee make the correct judgment. The series of standard system of the criminalexpert witness qualifications, elective, starting program is criminal expert witnesssystem.With the development of science and technology, professional division oflabor, due to the judge’s own lack of knowledge of professional technical, the judgecan not be on their own, and expert enters into litigation inevitably, but there is adispute on how the expert enter the criminal proceedings. Based on the global view,Anglo-American law system and continental law system in solving the technicalproblems are used the system of expert witness and expert system. The system ofexpert witnesses, under which the parties own expert witnesses to resolve expertise,has a strong adversary color; The expert system of civil law, under which judgesemploy neutral experts to solve specific issues, reflect he authority principlecharacteristics. In our country, the expert into the criminal procedure in the form of aappraiser to help judges to solve specific problems. In our country, the expert is toidentify human form into the criminal procedure to help judges to solve specificproblems. But the current Chinese criminal judicial appraisal system has manydrawbacks, such as the parties is hard to get expert help, identification can’t solve allprofessional problems, the lack of flexibility and so on. In the international trend ofgradual integration between the expert witness system and Judicial appraiser system,The Amendment to Criminal Procedure Law, adopted in March14,2012, now has theregulation of " the people with the special knowledge" in court. It refers to the expertassistant system, which are unable to overcome its own shortcomings.Therefore, theresearch on criminal expert witness system has very important theory and practicalsignificance to China’s criminal judicial reform. Based on the situation of our countryand the old judicial resources, our country should take a criminal expert witnesssystem which in parallel with the existing judicial appraiser system andcomplemented by the expert assistant. In criminal trial court, both expert witnessesand appraiser are used to establish a procedure mixed with criminal expert witnesses,expert witnesses and expert judges assisted, in order to better use of the expertknowledge. Establishing perfect system of criminal expert witness is the support to the effective operation of this mixed program.
Keywords/Search Tags:expert witness, criminal expert witness, expert witness system, Judicial appraiser system, conception
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