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Prefect Our Country Criminal Procedure Expert Assistant System

Posted on:2016-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y KangFull Text:PDF
GTID:2296330482454432Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the times and the progress of science and technology, advanced scientific and technological means to people’s lives changed dramatically, as social norms of law is no exception. Whether traditional crime or a new criminal offense of detection,in whichthe use of scientific and technological means is essential. In the judicial practice, the most effective and most widely used in the detection of cases is the judicial authentication system. The main purpose of the establishment of this system is to help the judicial department to solve the problems in the case. In the system implementation process although to the judicial authorities cracked the case, judge the nature of the case brought a positive role, but in the operation process, there are some disadvantages,in handling cases excessive believe judicial appraiser’s opinions, resulting in the identification of human rights are magnified infinitely, thusbreaking the proceedings in which the prosecution and defense balance. And party only enjoys the the right to apply for judicial identification, specific hire which the judicial authentication institutions were identified is decided by the public prosecutor, the three organs, which may cause the judicial authentication institutions identify cannot maintain an objective attitude, to the detriment of when the legitimate rights of the parties. In order to make up for the shortcomings of the system, the expert assistant system has been introduced in the new revised criminal procedure law.This article is from the practice applied to expert assisted system in the case of through case analysis of the case, find out the cases expert assisted system the existing problems, through a detailed analysis of the problem and combined with the related provisions on the auxiliary expert system at home and abroad, the criminal litigation expert auxiliary system in China should be perfected. The article mainly uses the literature research, through the literature research to obtain the material, thus comprehensively and correctly understand the problem to be studied.From the content of the article, this article first discussed the case, and the relevant experts in the case of the application of the relevant part of this. Secondly, according to the specific circumstances in the case of expert assistant in the criminal procedure law in the litigation status of the problem and expert auxiliary personnel selection conditions and proposed by the expert assistant expertise effect is analyzed. Finally, the combination of Italy, Japan, Russia and othercountries of the continental law system in relation to the system to solve the professional problems of case, the problems from the case analysis to our country criminal litigation expert assisted system in the presence of addressed, I mainly through the following aspects: 1, clear expert assisted procedure in criminal procedure in qualification 2, determine the selection standard of expert assistants 3, increase the legality of the professional opinion, the only way to play to the advantages of this system. The perfection of this system not only helps to break the existing expert opinion, but also to ensure the fair and justice in our criminal trial.
Keywords/Search Tags:Expert Assistant System, Expert Advice, Expert Opinion Expert
PDF Full Text Request
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