Research On The Appraisal Of Public Security Organs

Due to the “self-investigation and self-appraisal” working mechanism of public security organ,the appraisal conclusions of public security organ appraiser in our country has been criticizing for a long time,but it's also a focus problem of present reform of the judicial system if the public security organ appraisers should appear in court.According to the law in our country,the appraisal conclusions as a kind of evidence,it must be verified before used as the basis for finalized.Examination of the appraisal conclusions is a court review,a legal process to prove the power of that evidence.In order to prevent the appraisal process out of control,strengthen the transparency of evaluation procedures,both of the two parties shall have the right supervision and appraisal.The appraiser through accepted inquiries from the court,answer those questions,to making both the prosecutors and defendants have the chance to put forward their query and pass an opinion to the appraisal conclusions.The judges can also through the observation,query and analysis the content of testify to make a synthetic judgment if the appraisal conclusions can be adopted,in order to ensure the court investigation,cross-examination and identification and the court debate going well.In recent years,our country made great improvement in the legal system of appraiser to appear in court,but the discussion about the problem when public security organ appraiser,this special group,facing for in court are rarely,and lack of empirical research.This article elaborates the relevant theories about judicial appraisers,begin with the court work of the public security organ appraiser daily contacted,study the problems they faced and the reasons when they appeared in court,and put forward relevant improvement measures.The first section cleared the basic concept and content about judicial expertise and judicial appraisers serve as a witness at court by adopted the method of semantic analysis.The second part use the method of theoretical analysis simple combing the related legal background and development of judicial appraisers appear in court,from the proposal of "criminal procedural law" in 1996,the relevant law of Chinese judicial appraisers appeared in court,to the new "criminal procedural law" in 2012,propose the new theory of judicial appraisers appeared in court,has published many kind of relevant legal provisions and regulatory frameworks about the basic content of appraisers appear in court.The third part analyzes the different value of judicial appraisers appear in court,it can help to promote the open and transparent of thejudicial system,it is an effective method to make appraisers fulfill the legal obligation and investigate the authenticate opinions.it is also an effective measure to resolve conflicts and maintain social stability.The fourth part is the description,from my practical experience,the facing problem that public security organ appraisers appear in courts: Lack of neutrality,slacken to appear in court and the effects are not ideal.The fifth part analysis of the reasons according to problems public security organ appraisers faced in court,mainly includes the unreasonable of the public security organ appraisal organization's setup,people shortage,legal literacy are not enough,and lack of professional knowledge of court training.The last part is aimed at these problems to puts forward relevant improvement methods,including change the institutional settings,publish relevant legal provisions of judicial interpretation,and strengthen related business training of the public security organ appraisers.Perfect appraisers appear in court can't be achieved overnight,but need appraisers learn lessons from the constant process of appear in court,summarizes the theoretical experience,complete their own work ceaseless.The system about public security organs appraisers to appear in court,in our country,is still a long way to go,maybe with many problems and reason will exist during this time.This article just initiated from some situation in my personal practical work,aimed at several small part to elaborate the problem and declare personal opinion.Hoping this article can make some progress on the development of the public security organ appraisers appear in court.