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The Research On The Examination Procedure Of The Criminal Expert Opinionin The View Of Substantive Trial

Posted on:2019-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:J N ChenFull Text:PDF
GTID:2416330596952177Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Substantive Trial is the Basic Requirement and Important Endpoint of the Reform of the Litigation System Centered on Trial in Our Country,The substantive nature of which is the core of substantive trial.Expert opinion is one of the types of legal evidence stipulated in the Criminal Procedure Law of our country,the examination procedure of the criminal expert opinion become a formality is an outstanding issue,there are several reasons.The main reason is the rule of appearance of appraiser in our country has not been strictly implemented,The role of expert has not been fully realized,the rules of examination are not reasonable and the content of examination is not clear.From the point of view of foreign law,common law countries generally select case-specific expert witness,establish expert protection mechanism,use cross-examination of expert testimony and other aspects of protection of expert testimony to ensure the expert testimony has been effectively clarified.Civil law countries establish accreditation qualification rules,improve the system of expert assistants to ensure the expert testimony has been effectively clarified.Judging from the past judicial practice in our country and the advanced experience of extraterritorial law,we can improve the examination procedures of expert opinion,clarify the content of the expert of opinion,establish and perfect supporting measures of examination procedure of the criminal expert opinion to Promote the Reform of consciousness and opinion in our country.The first chapter discusses the theoretical basis of the effective examination ofsubstantive criminal expert opinion.First of all,sort out the meaning and content of the substantive trial,and clarify the requirements for substantive reform of the trial.Secondly,discusses the connotation and significance of the valid examination of the expert opinion,which reflects the self-significance of the valid examination of the expert opinion.Finally,discusses the value of the effective examination of the expert opinion on the substantive trial,and illustrates the important value of validating the opinions in the substantive court trial.The second chapter expounds the current situation and analysis of our country's expert opinion.From the quality of the current situation,first,the formalization of the verification process in China's appraisal is prominent.Second,the defendant did not play its due role in the quality assurance of the expert opinions.Third,the legal provisions on the quality of expert opinions are fragmented and not feasible.Judging from the reasons,first,the three parties' rights in the criminal prosecution proceedings are unbalanced,so that The defendant failed to validate the expert opinion.Second,the absence of the rule of veracity leads to the absence of corresponding rules guidance and restriction in both prosecution and defense testimony,affect the authenticity of the expert opinion.Third,the supporting mechanism for expert opinions and testimony is not perfect,such as appraiser appearance system has not been strictly implemented,the status of litigation and litigation rights of experts are not clear and so on.The above reasons have led to our country's current judicial practice,expert opinion are not effective examined.The third chapter summarizes the legal provisions on the verification activities of authentic opinion from Anglo-American law countries and civil law countries from the perspective of comparative law.First,the article enumerates and sums up the provisions of the content of the expert opinion of the common law countries and the civil law countries.Second,it illustrates the similarities and differences between the two major legal systems concerning the certification process of expert opinion.Third,it compares the provisions of the supporting mechanism of the two legal system countries in the appraisal of the expert opinion.The fourth chapter expounds the thinking on how to validate the expert opinions in criminal procedure in our country.First,improve the examination procedures for the expert opinion,through the implementation of the principle of speech and detailed cross-examination rules to improve the quality of expert opinion examinationprocedures.Second,clarify the content of the of expert opinion examination.The prosecution and the defense both sides can view from the form element,the substantive content as well as whether belongs to the illegitimate evidence and so on carries on the quality certificate to examine the expert opinion and enrich the connotation of examination of expert opinion.Third,establish and improve the supporting measures for the examination of expert opinions.First of all,it is necessary to strictly implement the system of appraisers' appearances in court and provide the main guarantee for the quality certification of appraisal opinions.Second,we must perfect the expert system,to ensure experts can debate equally with appraisers in court.Finally,give defendant's full right of confidentiality to let the defendant be able to fight for their own legitimate rights and appraisers to start an equal fight.
Keywords/Search Tags:Expert opinion, Expert Assistant, Expert Witness
PDF Full Text Request
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