Font Size: a A A

Experts In Criminal Court Of China Mode

Posted on:2016-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZengFull Text:PDF
GTID:2296330461963060Subject:Investigation
Abstract/Summary:PDF Full Text Request
With the development of science, the technology is rapidly converted into productivity but also to resolve disputes brought trouble. Over the past 10 years, the demand for legal expertise in other areas of growth singing all the way, and this is not appropriate, the court relies on expert opinion issued by the expertise of the review of the capacity has shown weakness stretched. Recently, the social problems caused controversy because expert opinion is gradually increased. For example, due to expert opinion does not recognize the identification problems caused by repeated cases of long delay makes difficult decisions, waste of judicial resources, and makes the judicial function of settling disputes is difficult to achieve, the public’s faith in the judiciary was shaken. What is more, because the parties are not satisfied with expert opinion lead many social problem like: appeal to the higher authorities for help、harass appraisal organization or mass disturbances.Thus, the paper aims to explore five parts for panoramic depiction of the mind and the establishment of our criminal justice practice expert for the court system, and try to put forward the views of moderate improvement in the existing conditions.The first part is a review of expert opinion on the causes of the plight of the judge and the problems caused by the description, the cover is a necessary precondition for its criminal identification expert to appear. First release educational background Ming judges constitute knowledge and evidence review methodology, difficult to identify the views of expert testimony by the US Justice review circumstantial evidence standard of review. Secondly, because of the judge indicating expert opinion can not effectively review the problems posed: lead Judge use appraisal take the place of adjudgement, frequently resulting in the identification of criminal dispute, the credibility crisis led to criminal justice.The second part of the analysis to help solve the two systems means the judge to settle a lawsuit plight: appraiser court and Expert Assistant System. Theoretically appraisers were discussed with experts assist people in court advantage in court system. Thereby seeking to establish a theoretical basis for the practice of criminal justice expert system.The third part is the reality of the plight of our criminal court system expert. Mainly consists of two parts, the first is by looking at the reality of the case found that the effectiveness of the criminal expert system in practice is not as good as expected, a lot of appraisal disputes still unresolved. Furthermore, the conduct of criminal theoretically court expert analysis summarized the problems, such as criminal court expert is low; the interests of the criminal tendencies of experts question; criminal court expert evidence presented by way of limitation; and criminal experts access to case identification materials inadequate, and so difficult to effectively cross-examination.Section IV presents the appropriate solutions based on practical issues, including two aspects: the safeguards in criminal court experts, such measures appear from the legislative and administrative protection specialists; other experts to improve the system of criminal measures, such as setting up an expert reputation mechanism, drawing display evidence of common law, reform of the pre-trial conference.Finally, more than theory, to adjust their thinking, in addition to the existing system were put outside technical adjustments, you can reconstruct the prevention and dispute settlement mechanism to identify criminal pretrial stage.
Keywords/Search Tags:Appraiser, Expert Assistant, Plight, Change, Reconstruction
PDF Full Text Request
Related items