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Empirical Research Expert Assistant System Criminal Proceedings

Posted on:2016-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:W HuangFull Text:PDF
GTID:2296330482468955Subject:Law
Abstract/Summary:PDF Full Text Request
Under development for social science and technology, more and more refined social division of labor, social activities disputes arising in litigation activities are increasingly specialized, our judicial system to resolve cases of professional issues of system is the system of Forensic Sciences judicial appraisal system is recognized as the justice and judicial efficiency basis, it is to protect judicial independence and judicial authority. But judicial appraisal system of judicial practice in the application process, there are also some problems, including judges and the parties are lacking and there is a lack of professional knowledge can not be effectively cross-examination for the expert opinion, at the same time as the parties to the case do not have the complete the right to initiate judicial appraisal process, to safeguard the rights and interests there are also shortcomings. So in order to ascertain the facts, so that evidence of accurate understanding and application of effective cross-examination of evidence in criminal proceedings, the integration of people with expertise to participate in the proceedings to resolve disputes cases it is necessary to facilitate the prosecution and defense balance is very importantly, based on real needs, drawing on foreign-related system, our country established the Expert Assistant System in criminal proceedings.New criminal procedure law has been clear about the expert auxiliary system, but the current regulations is made a framework of the system, the legislation, specifications, procedures and other issues still exist some deficiencies, and the related judicial interpretation is not specific, cause the system encountered many obstacles in the judicial practice. In recent years, the academic study of criminal proceedings expert auxiliary people very concentrated, the author in the reading of vast amount of literature also launched some research, on the basis of comprehensive analysis the advantages and disadvantages of the system, puts forward the corresponding in perfecting criminal proceedings expert auxiliary system in terms of some countermeasures, hope to be able to to make some contribution to achieve the goal of promoting justice.The first part introduces the research topic and significance of this article, comprehensive analyses on the domestic and international relevant criminal proceedings expert auxiliary system in all kinds of research results, summed up the main content of this article research.The second part is an overview of the theoretical part, the author describes the general criminal proceedings Expert Assistant System’s basic theory, the concept of aid experts who were introduced, summed up the Expert Assistant System in the development of our country and the Expert Assistant System in Criminal proceedings function.The third part is to assist international experts who conducted a comparative study of the system, first introduced the expert witness system of common law countries and civil law system in Italy and Russia, and then analyze the Chinese Criminal Procedure Expert Assistant SystemThe fourth part is the focus of this article, this section summarizes and presents Chinese Criminal Procedure Expert Assistant System Problems, including legislative oversight, legislative and judicial practice defects existing problems.The fifth part is the key part of this paper is mainly based on the content of the preceding theory, for the deficiencies in the current Chinese Criminal Procedure Expert Assistant System is proposed Perfection of Criminal Procedure Expert Assistant System of recommendations, including improving legislation, supporting systems and other aspects to improve..
Keywords/Search Tags:Criminal proceedings, Expert Assistant, perfect system
PDF Full Text Request
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