Research Of The Judicial Expertis In Public Secruty Organs

The public security organ is the main investigator in history. Judicial expertise of the public security organ started in the1950s of the20th century and as an important investigative technique, this item fulfills the task. After the open door policy in China, a good trend of study can be found in this area. Not only systems but also the theory of evidence code from other counties had already introduced. It is the basic rule that the neutrality must be observed in this field and different from the traditional way, which leads up to cases of wrongly, falsely and unjustly repudiated. In order to solve this problem, The Decision of the Judicial Expertise which passes by the NPC Standing Committee (short for the Decision), try to build a new structure dealt with the ministry of justice but keep up judicial expertise in public security organs. The Decision does have a great influence on this field. However, the public security organ shows different idea by make regulations. The criminal procedure law in2012to identify that the judicial expertise still belongs to investigation, however, the structural problem, which known as the self-expertise and self-investigation, has no way to solve yet. So, in order to study this problem clearly, make judicial expertise and investigation in public security organs healthy and try to stop this trend, by using empirical research and taking example by other countries in needed. There are four parts in this study. The first part will be the outline section, related concepts, nature, characteristics, and effects will be introduce in this paragraph, all those items aims that to find out the difference between judicial expertise and investigation. After that, the current situation will be studied. The second part will contain both legislation and inadequate. By study the whole system, problems on legislations, theories and judicial practice will be registered clearly. The third part will be the comparative law part. Five countries, including UK, USA, France, Germany and Russia, their related systems will be introduced and known in this part. The last but not the least part will be recommendations about related fields, In order to facilitate investigation and judicial expertise, avoided problems on the self-expertise and self-investigation, several suggestions on legislation, philosophy, management system, personnel training and research ideas will be expounded. Not only protecting of human rights but also fighting with crime will be guaranteed in this area.