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The Research On Litigation Status Of Auxiliary Expert In Criminal Procedure

Posted on:2015-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YanFull Text:PDF
GTID:2266330431451871Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of our society,more and more special issues appears in the litigation.Becau.se of the judges,defenders and agent ad Litems has a lack of the professional knowledge,the start of The Identification Procedure become frequently.Beyond that,the opinion of identification always has been named with "the king of evidence",so,more and more judgments has been made in the basis of the opinion of identification.However,there are many problems in our country’Identification System.In order to solve these problems,<The Criminal Procedure Law>revised in the2012increased the provision of the expert of auxiliary.Due to the uncomprehensive of the expert of auxiliary,especially it’s litigation status is not specified.caused a series of debates in the theory and practice.This paper is divided into fsix parts.focused on the last five parts.By comparing the different with the agent ad litem.the witness.the identifier and the defender,the research of litigation status before and after new<The Criminal Procedure Law>,ruled out the theory of witness,the theory of agent ad litem.Come to a conclusion:the expert of auxiliary’s nature is a independent litigation participant,his opinions can be used as an evidence.Through the analysis of The Expert Witness System of Anglo-American Law System,Britain’s Assessor System and Italy’s Technical Consultant System,put forward something that worthy our learning.Finally,analysis a case and find out some deficiencies in the legislation.In the face of these problems,when building The Expert Auxiliary System,we should make a clear regulation on expert’s rights and obligations,give judges the right to hire experts,make clear that judges can decide what expert can appear in a court.formulate strictly procedure to cross-examination,to solve the possible problems. Investigate the root of these problems,the reason is the lack of legislation.So,we must be complete The Expert Auxiliary System,give the expert a clear litigation status.This is the premise of The Expert Auxiliary System’s successful operation in the practice.and,also the primary goal to set up The Expert Auxiliary System.
Keywords/Search Tags:The New Criminal Procedure Law, The Expert of Auxiliary, Litigation Status, Independent Litigation Participant
PDF Full Text Request
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