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Judicial Expert Testimony Plight And Countermeasures Of Criminal Proceedings

Posted on:2017-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:H H BangFull Text:PDF
GTID:2296330485466649Subject:Law
Abstract/Summary:PDF Full Text Request
In our current criminal justice practice, expert court was still at a fairly low level. Expert opinion is to identify the use of science and technology and human expertise of a specialized issues of discrimination and judgment, which contains a certain amount of subjectivity. This special property expert opinion required to be cross-examination after the court order as the basis for determination of the facts of the case. To expert opinion is finally adopted, the appraiser must attend court on their expert opinion issued by the prosecution and the defense to answer questions of the judge, to ensure accurate and scientific. During the trial, a reasonable explanation from the appraiser identification methods, identification procedures, and form the basis of identification and other issues, can effectively eliminate misunderstandings party expert opinion, thereby reducing the occurrence of re-identification and appeal petition events. Combined with actual cases from the perspective of judicial practice, it discusses China’s current criminal proceedingsJudicial Expert Testimony System; describes the theoretical basis of procedural justice and the principle of direct language expert to testify; study and compare the two legal systems Country judicial expert testimony in the legislative and judicial aspects of the relevant provisions; analyzes the criminal proceedings Forensic Sciences to appear in court, appear not enthusiastic about the reasons for the current, preliminary can be summarized as law in expert court system developed is not perfect, and people understanding the system is not high. Specific performance: Judicial Expert Testimony punishment and safeguard mechanism is not; law expert court seats shall not clear; the court to start Expert Testimony procedures are not standardized; public security Division of the relevant departments and personnel are aware of the degree of this system is not enough; identification witness stand role suited; criminal justice expert legal expertise lacking; for the factor of expert testimony constraints put forward some measures to improve, to improve the relevant laws and regulations, improve the ability to identify people to testify, to improve the "expert advisor" system and strengthen cooperation public prosecutor, the relevant departments on the conduct.
Keywords/Search Tags:the judicial appraiser, testifying, plight and countermeasures
PDF Full Text Request
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