Construction Of The Coroner's System In China

Coroner system is an ancient system of justice, it originated in Britain and spread to many countries and regions with the development of colonial. This system can ascertain the cause of death and prevent similar incidents happening again. Moreover,from the perspective of criminal litigation, It also has other positive effects as follow:it can prevent disputes, deal with death events peaceful; Exposing hidden crimes,preserve evidence; avoid wronging good persons. However, there has no independent institutions and special procedures to investigate deaths. In aspects of legislature, laws and regulations are too scattered and vague, and maneuverability of the laws is not strong, the subject of the investigation is not complete.In judicial practice, there are still many problems, such as investigator is not neutral,method of investigation is not logical, the right of family of the deceased cannot be guaranteed and short of legal remedy. Construction of the coroner's system is a correct selection to deal with the event of death, is an objective need to protect human right and punish crimes, is also a inevitable requirement to repair defects inherent in current mode. Therefore, China have to build up a special coroner's system.Coroner's program is a special program with a non-litigation, it is to determine whether the deaths into the criminal proceedings. It is necessary to set up a special,independent inquest agency in China. Then, we need to divided jurisdictionand let different person take their responsibility. Coroner's program is divided into two parts,an inquest is not a necessary procedure, it will be determined by the coroner. Coroner can decide whether people's assessors need to join inquest. Besides the cause of death and other information about death, the coroner can give recommendations in the inquiry's findings based on consideration of the public interest. Coroner investigated does not involve any responsibility, with the deaths conclusion, family of the deceased can bring a separate suit to the court for pursue civil liability and compensation. For the course of the investigation, it found that may involve criminal,after the coroner recorded, should be handed over to procuratorial organs.Under normal circumstances, the effectiveness of the inquest conclusion shall be final.However, when the coroner refuses or neglects to held an inquest, or coroner's inquests have been held but based on fraud, the evidence is not accepted, theinvestigation insufficient defective need reconvened inquest, family of the deceased and interested persons can apply to Coroner's court in a higher court for revoke or re-investigation, the Coroner's Court of higher court think that there are certain problems in program, it can reverse the findings and specify another coroner to investigation again.