An Empirical Study On The Trial Operation Of Criminal Justice Identification System

There are not many theoretical studies on the criminal justice appraisal system.There are different theoretical opinions from different aspects such as the appraisal procedure itself,the appraiser or expert assistant,supplementary appraisal or repeated appraisal,and the judge's appraisal of the appraisal opinion.However,the criminal justice appraisal system is The operation in the trial is an inseparable system.From the perspective of trial operation,the criminal justice identification system is rarely involved.There are only a few empirical studies on the criminal justice appraisal system in the academic circles.Generally,only a single part of criminal justice appraisal is selected to conduct field research on cases of one or several courts in the past year or in recent years.These regional and transient scattered empirical studies inevitably lack the macroscopic perspective of the trial operation.Whether the criminal justice identification system is out of court in the trial and whether there is a disconnect between the legislation,whether the theoretical research is misunderstood,and what is the effect of the second revision of the Criminal Procedure Law,it is necessary to conduct a large-scale,long-term empirical study.It is based on this perspective.This paper uses 600 criminal judgment documents as a sample for empirical research.In addition to the conclusions,the text is divided into four parts,about 30,000 words.The first part is the introduction.Firstly,it discusses the background of the topic selection.Secondly,it summarizes the research status of the domestic criminal justice identification system.Finally,it explains the research methods and research materials of this paper.The second part is the analysis of the case structure.Based on the description of the geographical,trial,court level,and the type of case,type of identification,and type of identification of the case involved in the judgment document,this part is not only a sampling case.The overall content of the content can also provide effective data support for the subsequent analysis of the trial operation of the criminal justice identification system and the analysis of the underlying causes behind the problem.The third part is the analysis of the operation practice of the identification system in criminal trial.It visually depicts the justice from the parties' disputes on appraisal opinions,the appearance of appraisers or expert assistants,the initiation of replenishment orre-appraisal procedures,and the responses of judges,as well as in practice,the process of criminal justice identification in the trial process,this part is the focus of this paper.The fourth part is the study of the problems of criminal justice appraisal in the trial and the improvement plan.Firstly,it describes the problems discovered by the empirical research,analyzes the deep-seated reasons that may exist behind the problem,and then conducts countermeasure research based on the operational problems of the theory and empirical discovery.This paper proposes a targeted improvement program that is consistent with China's criminal trial practice.This part is the difficulty of writing this article.