Determination And Solution Scheme Of Professional Issues In Litigation

The infiniteness of human labor and the limitedness of individual labor make division of labor in society necessary,and such division of labor leads to the failure of judge's personal knowledge to cover increasingly sophisticated expertise of other areas in judicial practice where professional problems come into being.The laws in China,including criminal law(Article 144),the other two procedure laws and other branches law provide generally “professional issues”,but have no provisions for their concept or nature.Meanwhile,there are few scholars studying on such issues.Therefore,it is not clear in practice what is a professional issue,or how to determine whether an issue belongs to a professional issue as prescribed in law.Such vagueness results in a lot of contradictions in judicial practices,such as parties in criminal trial case have different ideas on whether an issue is a professional one or not.The identification of professional issues has neither legal basis nor theoretical study with different practices and different ideas among judges,the accused and the prosecution,which may conclude in different judgments on similar cases and even negative public opinions.This paper,divided into three parts,discusses the identification of professional issues,trying to solve the above problems.The first part discusses the background,emergence and significance of such issue.The second part focuses on problems solving,trying to identify such issue theoretically.Based on the existing academic views,the professional issues are characterized as: first,a factual issue;second,not a common issue;third,an issue outside judicial awareness;fourth,a scientific issue;fifth,an issue outside the field of law;six,an issue needs to be resolved by experts.Because the issue itself is broad,relativistic,changeable,it is difficult to define such issue through a clear definition.So,in the third part,this paper tries to solve the problem by procedures,that is,to develop identification of procedure for professional issues.The author discusses the subject of such issue,the subject of the evaluation,the evaluation standard,the way of the raising such issue at the investigation stage,the review stage of the prosecution and the trial stage respectively.