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An Inquiry Into The System Of Expert Auxiliaries In Criminal Proceedings

Posted on:2019-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:S X LvFull Text:PDF
GTID:2416330572956278Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal Procedure Law of PRC formally implemented in January 1,2013,has been incorporated into the system of expert auxiliaries,which is a new development of the criminal judicial authentication system in China.The expert auxiliaries system is beneficial to enhance the quality of Cross-examination in Court,improve the judicial efficiency and promote the justice of the judiciary.But the regulation about expert auxiliaries of Criminal Procedure Law 2013 was too principled and rough.The Status,qualification,position,time of intervention of expert auxiliaries were still not clear enough.In judicial practice,operation is meeting with many difficulties.In order to realize the true value of expert auxiliaries system in our country,the system of expert auxiliaries should be perfected,the position of expert auxiliaries should be clarified,the opinion of expert auxiliaries should be defined as legal evidence,and the time of intervention of expert auxiliaries should be advanced.Establishment of the system of Pre-Court Discovery of Appraisal opinions and the relevant measures of the system of Assistance by expert auxiliaries.The full text is divided into three charpters besides preface and conclusion.Charpter 1 is an overview of the current expert auxiliaries system in China.It mainly includes the following aspects:Firstly,the basic content and value of the system of expert auxiliaries,which is mainly embodied in the second,third and fourth paragraphs of Article 192 of the new Criminal Procedure Law,and the phase of Articles 215,216 and 217 of the Judicial Interpretation of the Criminal Procedure Law.The basic content mainly includes the application and permission of the expert auxiliaries in court,the function of the expert auxiliaries in court.The value and significance of expert auxiliaries system lie in making up for the shortage of judges' professional knowledge,improving the quality of trial,balancing the confrontational forces between the defense parties,improving the quality of defense,improving judicial efficiency and realizing judicial justice.The second is the judicial practice of expert auxiliaries,enumerating and analyzing three important cases:"Trapped Police Door Case","Nianbin Case",and "Fudan Poisoning Case".Thirdly,the similarities and differences between the expert auxiliaries system and the expert witness system inAnglo-American law system:the similarities and differences between the expert auxiliaries system and the expert witness system in Anglo-American law system are mainly reflected in:both have no strict qualification requirements,the threshold is relatively loose;both have natural position bias;both have certain right to review papers.The difference between the expert auxiliaries system and the expert witness system in Anglo-American law system lies in the following aspects:The two are in different litigation status.Expert witnesses are a kind of witness,which is obviously different from the status of our country's expert auxiliaries.The nature of their opinions is different.The professional opinions made by expert witnesses on the case are not much different from those of ordinary witnesses in the classification of evidence,and the cross-examination opinions of expert auxiliaries in our country do not have the qualification of evidence;the two start different procedures,expert witnesses in Anglo-American law countries to testify in court is the legitimate right of the parties,the court will not interfere too much,expert auxiliaries in our country to participate in the final decision of the trial.analyzes the current system of expert auxiliaries in China.The legal status of expert auxiliaries is not full,not clearly defined the status of expert auxiliaries in litigation.The nature and validity of expert auxiliaries opinions are not clear,which makes it impossible for expert auxiliaries cross-examination to work in practice.The sources,qualifications and licensing requirements of expert auxiliaries are not clear,the defendants and their defenders lack effective guidance in hiring expert auxiliaries,and it is difficult to find suitable expert auxiliaries,the main body of hiring the expert auxiliaries is uncertain,and Whether the expert auxiliaries must have certain qualifications in a certain professional field,whether they should have an authoritative position in the relevant field,and whether they must be hired from a particular group are not clear in the new Criminal Procedure Law and the Judicial Interpretation of the Criminal Procedure Law.In addition,the approval procedure of expert auxiliaries in court is not specific,and the judge has greater discretion.The provisions on how to cross-examine by expert auxiliaries are not clear,and the appearing rate of appraiser is low,which also leads to the lack of specific rules to be applied in the process of cross-examination,and to a great extent affects the realization of the right of the parties to cross-examine.The intervening time of expert auxiliaries is relatively late.In the stage of investigation and prosecution,whether the public prosecution organ,litigant,defender and agent can employ expert auxiliaries to verify and put forward opinions on the expert opinions of investigation organ and procuratorial organ is unclear by law.The system of expert auxiliaries lacks supporting measures,The lack of the system of pre-court discovery of expert opinions and the system of Assistance by expert auxiliaries are not conducive to the realization of judicial justice and to the balance of power between the prosecution and the defence.Chapter 3 puts forward some suggestions on the perfection of expert auxiliaries system.Firstly,the status of independent litigation participant of expert auxiliaries is defined,and the rights and obligations of expert auxiliaries to appear in court are standardized.Secondly,we should clarify the evidence qualification of the opinion of expert auxiliaries,highlight the status of expert auxiliaries in criminal proceedings,and promote the smooth operation of expert auxiliaries system in criminal proceedings.Thirdly,the relevant regulations should be perfected from the aspects of the employment of expert auxiliaries,the qualifications and scope of expert auxiliaries and the permission of expert auxiliaries to appear in court.Fourth,clarify the rules and methods of expert auxiliaries appearing in court.Perfect the relevant provisions of expert appearing in court,ensure the realization of cross-examination right through effective confrontation,improve the order and rules of expert auxiliaries appearing in court,and realize the full and effective cross-examination of expert opinions.Fifth,we should relax the intervention time of expert auxiliaries and improve relevant supporting measures.In criminal proceedings.It is suggested that the intervention of expert auxiliaries should be extended to the stage of implementation of appraisal,so as to promote the parties and their expert auxiliaries and appraisal organs to achieve equal balance in procedure.At the same time,the system of Pre-Court evidence disclosure and expert auxiliaries assistance should be improved.
Keywords/Search Tags:Expert Auxiliaries, Appraiser, Expert Opinion, Cross-examination in Court
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