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Suggestions On The Question And Countermeasure Of Chinese Public Security Expert Testifying At Court

Posted on:2019-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhangFull Text:PDF
GTID:2416330551958529Subject:legal
Abstract/Summary:PDF Full Text Request
China’s public security organ has been criticized for its long term "self-exploration and self-assessment" work mechanism and the low rate of testification after the expert opinion of the public security organ.Our country’s criminal procedure law stipulates that the appraisal opinion belongs to eight kinds of evidence.Appraisal opinions belong to the words in nature and there was evidence of evidence,and not directly reflect the case facts,but after the surveyor of professional processing,truthfully reflect the evidence of the case facts,the restriction of the appraiser personal quality and subjectivity.In practice,the appraisal opinion is higher than the general testimony of the witness,but it must be confirmed by both the judge and the defendant,and the unconfirmed evidence is not allowed.Therefore,when the court requires the expert to testify in court,the expert shall testify in court.This paper is divided into four parts: the first part elaborates the connotation of the connoisseur of public security organs expert in China,and the basis and practical significance of the testimony of public security organs.The second part through three typical case illustrates the public security organs in our country the surveyor is mainly the low rate of expert witnesses to testify,the public security appraisal institutions are susceptible to administrative interference,an appraiser delayed in court,expert witnesses face new challenges from four aspects,as well as the deep reason of these problems,the public security appraisal institutions lack of neutrality,the absence of system guarantee,part of the quality of appraiser remains to improve.The third part introduces the system of testifying system and the standard of trial of the police connoisseur of Anglo-American legal system and continental law system.In the fourth part,we can take the following measures: reform institution setting and improve the appraisal standard.To improve the status of the appraisal agencies in the public security system,to avoid administrative interference,and to strictly regulate the qualification of appraisers;Improve the system of testifying system.To ensure that appraisers testify in court in terms of funds,work arrangements,personal rights,legal systems and legal supervision;Improve public security appraiser’s business and legal literacy.Promote the professional development of the public security organs,and focus on the cultivation of the knowledge system centered on the identification activities.To strengthen the special training of testifying in court.Help the expert master the specific procedure of appearing in court,and improve his answering technique.The change in the status quo is not a quick one.It takes several generations of experts to sum up experience and lessons,and constantly strive to improve their professional standards.In this paper,from the perspective of the author practical work,to the public security organ expert witnesses to testify small Suggestions,hoping to topic and widely theoretical thinking,make a small contribution to our country legal system.
Keywords/Search Tags:identification of public security organs, testify in court
PDF Full Text Request
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