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Criminal Justice System Of Expert Testimony

Posted on:2015-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y SuFull Text:PDF
GTID:2266330428984699Subject:Law
Abstract/Summary:PDF Full Text Request
In our country criminal justice practice, because of various reason, the low proportion of expert witnesses to testify in our country, many people are only responsible for identification, is not willing to testify. Expert opinion contains scientific composition, has important reference value on fact judgement, but it is still a kind of evidence, evidence must be verified to as according to the finalized, expert opinion is one of the legal evidence of criminal procedure law, had the effect of nots allow to ignore to the judge ruled that the facts, so the surveyor shall testify. To help find out the case, to verify evidence, the referee correctly.The opinion to be issued by the expert evidence, must through the courtroom cross-examination program, which requires expert witnesses to appear in court. Expert witnesses to appear in court to crack the parties to a conclusion, the judge and the parties to the appraisal conclusion is scientific and objective to have a thorough understanding, thus to judge right from its authenticity and effectively prevent wrong case. Trial process, the expert witnesses to appear in court to all sorts of problems that exist in the appraisal conclusion reasonable explanation, the parties will not due to misunderstandings and apply for new appraisal appraisal opinions.In this article, through the empirical case, this paper discusses the revised criminal procedure law of our country the present situation of the criminal judicial system of expert witness to appear in court, based on the experience of the two big law system countries, mainly from the Angle of legal system of criminal justice expert witnesses to testify on basic research, the introduction of the concept of criminal justice expert witnesses to testify, the theoretical basis. Understanding of foreign criminal legislation and judicial practice of judicial expert witnesses to testify. The analysis of the disadvantages of existing in criminal justice expert witnesses to testify. Improve the system of criminal justice expert witnesses to testify the Suggestions. Through research, in view of the present situation of our current criminal justice expert witnesses to testify system, and puts forward some Suggestions to reform and perfect the system of criminal justice expert witnesses to testify in our country, in the current legal environment make the system play a biggest role:make clear a regulation related systems, measures of the criminal justice expert witnesses to appear in court and who to testify the surveyor protected and put forward the legal supervision of expert witness to appear in court, establish expert witnesses to appear in the economic compensation system and improve the judicial work of scientific and technological content, to improve the system of expert witnesses to testify of legislative, formulate unified "evidence" the judicial identification method and the relevant expert witnesses to testify in the criminal procedure of procedural rules. Define the legal liability provisions expert witnesses not to appear in court, in order to ensure the smooth progress of the trial, the dignity of law and authority.
Keywords/Search Tags:appraisal opinions, Criminal judicial appraiser, To testify
PDF Full Text Request
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