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Research On The Review Of Expert Opinions In Criminal Proceedings In My Countr

Posted on:2018-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:T XingFull Text:PDF
GTID:2436330548996215Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial certification of litigation has entered the "era of scientific evidence," the more prominent the value of scientific evidence in litigation.Identification of opinions is one of the legal forms of evidence,which is a kind of scientific evidence.Due to the special nature of scientific evidence,the opinion of appraisal has a special status in judicial practice.Appraisal opinion does not have the presupposed power of proof,improper use may lead to unjust misconduct and miscarriage of justice,will inevitably lead to unfair litigation,seriously jeopardizing the legitimacy and authority of the judiciary.In the judicial practice of criminal procedure,the examination of appraisal opinions runs through the entire process of judicial evidence,examines and approves the appraisal opinion to prove that the fact of the case is important to improve the quality of the case Protection is also a concrete manifestation of implementing the principle of evidence adjudication in the context of trial-centered litigation system reform.In recent years,the criminal lawsuit exposes flawed appraisal opinions that cause injustice and wrong cases,warning us that it is very important to verify the opinions of people.From the cases of She Xianglin,Zhao Zuohai,Du Peiwu and Huugejilt pattern,it can be seen that more or less the cases of distortion and misplacement of appraising opinions are exposed in the cases,and the process of examination of the appraisal opinion of criminal proceedings is exposed easily overlooked issues.The purpose of this paper is to elaborate the legal basis,system structure,values and practices of criminal procedure appraisal opinions,to analyze and combine the current problems and plights in the practice of criminal procedure appraisal opinions in practice,Perfect and implement,explore the innovation of the reviewing mechanism and the cooperation,and put forward the construction of the new examination mode,further strengthen the examination of the criminal procedure expert opinion,improve the quality of the examination and improve the quality of the case handling and put forward my own conception of the criminal evidence review system.
Keywords/Search Tags:Criminal forensic examination, Appraisal opinion review, Scientific evidence
PDF Full Text Request
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