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The Expert Auxiliary System In China's Criminal Procedure

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2416330545496607Subject:legal
Abstract/Summary:PDF Full Text Request
In the current era,with the increasing progress in science and technology,it is very necessary to update the professionalism and technicality of handling cases in criminal cases.At present,there are a large number of cases involving various professional fields.It requires careful study by a person with a certain degree of professionalism and practical experience to solve it.However,the prosecutors and judges directly involved in the handling of criminal cases are unable to control matters in other areas outside of the profession,and it is difficult to achieve a high level of problem solving.Because it is impossible to judge some highly professional appraisal opinions in other professional fields,it is impossible to deal with some problems involving other professional fields,so it can only rely on the appraisers'appraisal opinions.If the appraisal opinion is adopted by the court,it may have a decisive influence on the verdict,which leads to practical problems in which the appraisal opinion dominates the litigation process.In the new Criminal Procedure Law promulgated in 2012,the "person with specialized knowledge" was added.The participation of people with specialized knowledge in litigation is a major feature of criminal proceedings.Based on this,the"expert supporter system" of the Criminal Procedure Law in China was established.However,the relevant laws of the Criminal Procedure Law only made simple and principled regulations for the system,and did not comprehensively formulate some prescribed rules,such as the qualifications,litigation status,rights,obligations,the choice of "expert helper" and the legal nature of the opinions issued by expert supporters.The ambiguity of legal regulations have resulted in an undefined status of"persons with specialized knowledge" and "specialist assistance systems" in criminal proceedings.Therefore,it is necessary to introduce "professional assistants with professional knowledge" in the process of criminal proceedings.With the help of"professional expert assistance specialists" to solve the "Difficulty in finding facts"problem in those cases involving professional knowledge.
Keywords/Search Tags:criminal proceedings, people with expertise, expert Witnesses, expert support system
PDF Full Text Request
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