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Research On Expert Opinion In Criminal Cases Discovery System

Posted on:2015-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2296330467965316Subject:Investigation
Abstract/Summary:PDF Full Text Request
Explore and study a system must first consider the necessity and functionality, criminalexpert opinion of this study show the problem is open from today’s rule of law and principlesof the basic spirit of the law, combined with the lack of identification of the criminal justiceexist in reality and defects, the corresponding design of the system in order to improve theforensic litigation activities and promote the entire process smoothly. As we all know, intoday’s forensic activities advocating civilized, under the scientific background of legalpractice, exploring the truth, protect human rights, restore times call for justice, you can saythat the role of forensic described as essential. Especially in the criminal field, expert opinionis playing an irreplaceable role in many cases, criminal expert opinions have played a decisiverole. It is because of this system reveals the unparalleled advantages and position, we need tobe even more perfect, or prevent their vulnerabilities caused by objective reasons for the spiritof the law and human rights harm. However, we are concerned that in recent years, but thedispute about the identification of more and more aspects of the contradiction between theparty accreditation bodies and also intensified, repeated identification, repeatedly identifiedcommon occurrences, which not only undermines the authority of the judicial appraisal,triggered a crisis of confidence, but more importantly is to make the case drags on, and thetruth can not be clarified, the legitimate interests of stakeholders are also difficult to getproper protection. This phenomenon must be many reasons for this, one very importantreason is that we identified a serious problem in itself. With the improvement of people’sawareness of the law, particularly keenly aware of the significant impact on expert opinionfor their own interests, then demands more rights requires us to identify institutions, relevantjudiciary must change their ideas, expert opinion is no longer covered with mysterious veil,but must go in front of people, accept supervision and tests. From another perspective, theprogram has become one of the most basic public action principle, and not merely the openpublic trial, but also require open and transparent pre-trial, contrary to the fundamentalprinciple of judicial activity is ultimately the people can not be convinced. Given the role ofthe criminal case for a significant impact on the interests of citizens and criminalidentification plays in criminal cases, this paper selects the expert opinion of pretrial criminalDhamma this perspective, the current system less attention to this scholar, the author will bydrawing evidence Discovery issues on introducing the topic by analyzing the current situation of China’s criminal Disclosure expert opinion and existing problem, the need to establish sucha system in our country, and from the analysis of the value of the level of this system todemonstrate reasonable, and finally learn from foreign experience in evidence discovery arebased on the idea initially proposed on this system. The main point of this paper is to study inthe absence of this system, deems it necessary, it is possible to establish such a system, andstrive to build a criminal expert opinion from the perspective of the opening show of resolveto explore a new way of many practical problems.
Keywords/Search Tags:Disclosure, evidence discovery, criminal expert opinion, repeatedidentification, scoring system, Expert Assistant
PDF Full Text Request
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