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Discussion On The Judicial Authentication System In Theory Of Criminal Lawsuit Of Our Country

Posted on:2016-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:X J HeFull Text:PDF
GTID:2336330479953849Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening, the judicial appraisal system in our country through continuous reform and development,In the 2012 criminal procedure law changes, it has entered a relatively stable period.More and more legal workers and the public is gradually recognized and valued the judicial authentication,they think the Judicial authentication opinions was regarded as a very important kind of evidence, to the case facts that plays a vital role.Identification of the criminal justice is an activity that the experts use the scientific technology or special knowledge to authenticate and identify the special maters in the criminal procedure and provide an expert opinion.Criminal judicial authentication has the characteristics of objectivity, legal, professional or neutrality.In recent years, the reform of judicial authentication in China also attaches great importance to, also took some measures to reform, also has certain positive meaning, but, the reality of some deep-seated problems to solve or not.For example, there are many different kinds of appraisal institutions, setting up overlap, run disorderly; Repeat identification, long appraisal are common; For identification of personnel management, the public prosecutor system authentication institutions and social appraisal institution adopts two sets of management standards, industry confusion; Cross-examination program too much form, does not pay attention to review the essence, easy to cause miscarriage. The existence of these problems,not conducive to safeguard the legitimate rights and interests of the parties, is not conducive to maintaining the authority of the legal system of justice in our country.Stones form other hills may serve to polish the jade of this one.In this article the author through to the judicial appraisal system in ancient China, the mainland legal system of criminal judicial authentication system, Anglo-American law system from the system of expert witness, start right, expert evidence admissibility standards from several aspects,the reform of the system of criminal judicial authentication in China put forward some preliminary feasibility.
Keywords/Search Tags:Identification of the criminal justice, The expert witnesses, Start right, Experts believe the standard
PDF Full Text Request
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