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The Status Quo And Problems Of The Public Security Organs Appraisers Appearing In Court To Testify

Posted on:2018-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z CaiFull Text:PDF
GTID:2356330518492674Subject:Law
Abstract/Summary:PDF Full Text Request
The appearance in court of appraisers in public security organs is a litigious process in which the appraisers of the public security organ conduct judicial expertise on special issues associated with the case. After the issuance of the identification of opinions, the appraisers participate in the trial process, state the problems associated with the expert opinions in court, and accept the prosecution of both sides and the judge's investigation. In 2012 , the New Criminal Procedure Law has put forward new requirements to the appearance in court of appraisers. Testimony of examiner is related not only to the fairness of court proceedings, but also to the justice of fact-finding cases. But the provisions of the start, notice, procedures and other aspects on the identification of appraisers are not exhaustive, the authenticity of the appraiser appearing in court to testify is not high, and the legal consequences of not to testify in court, all of these lead to the appearance in court of witnesses not increasing significantly. Testimony of examiner system makes a difference in forensic system.The accrediting bodies of public security organs undertake a majority of the identification tasks in criminal proceedings. With the identification center on the criminal scientific evidence of Jingjiang Municipal Public Security Bureau as a case,through the investigation and interview,the paper analyzes the main types of the appraisals issued by the public security organs and the specifics of the public security organs in the judicial practice. According to the regulations of civil law and common law relevant laws, the present situation of the public security organ's identification and the value and status of the forensic appraisal in the litigation, this paper discusses the necessity of the appraisers appearing in court, the current situation and issues of the legislative and judicial situation of the system in China, and tries to provide standardized approaches and supporting measures to improve the status quo of the appearance in court of appraisers in the public security organs.
Keywords/Search Tags:The appraisers in public security organs, Judicial expertise, Appearance in court
PDF Full Text Request
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