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Research On The Connection Mechanism Between Judicial Expertise Management And Criminal Procedure

Posted on:2020-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z J YuFull Text:PDF
GTID:2416330572494135Subject:Investigation
Abstract/Summary:PDF Full Text Request
Establishing the linkage mechanism between judicial identification management a-nd cri minal procedure,standardizing the work of judicial identification and improving the quality of judicial identification are important measures to play the role of judic-ial identification and adapt to the reform of litigation system which is centered on t-rial.It can not only control th e quality of judicial identification opinion from the sou-rce and lay a solid foundation for p hysical reality,but also further guarantee the reliability of identification opinion and the effect of lawsuit application through judicial identification authorization,acceptance and trial cross-e xamination of appraisal opinion and other case-handling procedures,as well as reflect the bas ic requirements of legit-imate process.Therefore,the author puts forward relevant suggestion s and counter m-easures,in order to improve linkage mechanism between judicial identificatio n manag-ement and criminal procedure and guarantee the quality of judicial identification an d the effect of litigation application.The author not only fully consider our country's specifi c national conditions,but also reasonably model the practice and ripe experienc-e of outsider countries.The author make a large number of summary,analysis,evaluati-on and research in th e current judicial identification management and outstanding pr-oblems of criminal suit cohes ion.This paper takes the connection mechanism between judicial identification mana-gement and criminal litigation as the research object,and conducts an analysis around its relevant pr oblems.The text is divided into five parts,and the main content is as f-ollows:The first part introduces the theoretical value and practical significance of this s-tudy,the current research status at home and abroad and the main research methods which is based on the background of the current reform of judicial identification sys-tem.The second part is an overview of the connection mechanism between judicial i-dentific ation management and criminal litigation,focusing on the analysis of the relat-ionship betwee n judicial appraisal management and criminal litigation,the research sc-ope and its significanc e.Particularly,the analysis of the two research categories is ma-inly from three aspects.The fir st is the source control of the quality of judicial auth-entication,which is mainly reflected the management of judicial identification.The sec-ond is the litigation application of judicial ide ntification,which is mainly regulated from several aspects,such as the initiation of appraisal,c ommissioned acceptance,and tr-ial cross-examination,in order to improve its application effect.The third is the joint problem of the two,such as the establishment of unified expert inform ation database and expert assistant information database.Through the above analysis,it will pl ay an i-mportant role for further elaboration.The third part introduces the development status of the link mechanism between judicial appraisal management and criminal litigation in China.Although the current judicial appraisa l management strengthening,identification team growing,identification ability arousing,identify areas expanding gradually,the practice environment has impr-oved,but it is undeniable that t he current judicial appraisal management and the coh-esion mechanism of criminal procedure is not smooth,which is unable to satisfy the requirements of the practice of judicial authenti cation in the new period.So the key to the cohesion is not smooth and lead to a universal problem in the practice of ju-dicial authentication and the causes of in-depth analysis,think la ter targe-ted puts forward relevant suggestions.The fourth part introduce and analyse some advanced practices and measures of the de veloped countries.I sum up several effective experience,practice,international tr-end and directi on in the management of judicial authentication which is linking to th-e criminal procedure.I n order to our country's judicial authentication mechanism link-ing to the criminal procedure providing certain development ideas and direction,promoting the appraisal work of the scien tific development of our country,I take full ad-vantage of the mature practice and experience.The fifth part in order to improve the judicial authentication management mecha-nism li nking to the criminal procedure shall abide by the basic principle as its instruction,the cohes ive devices in clarifying the problems to be solved on the basis of,fr-om China's specific nat ional conditions,the reasonable drawing on and assimilating c-ountries outside of the mature experience and practice of judicial authentication man-agement mechanism linking to the cri minal procedure in China put forward a series of targeted countermeasures,to ensure smooth transition between the judicial appraisalmanagement and criminal proceedings,advance the su stainable devel-opment of judicial authentication,so as to give full play to the positive role o f judic-ial authentication.
Keywords/Search Tags:Forensic expertise management, criminal proceedings, Cohesive devices, Litigation application
PDF Full Text Request
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