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Research On The System Of Criminal Expert Assistants

Posted on:2019-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YuFull Text:PDF
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With the improvement of productivity,the development of science and technology,in modern criminal procedure,the facts of the case involves all kinds of professional knowledge,expert opinion as "the king of evidence" the referee for the result of a case has a great influence,but in judicial practice,the identification opinion of the uneven quality,quality certificate form for identification the views of the revised criminal procedure law in 2012 for the first time in the establishment of the auxiliary expert system.The prosecution and defense parties can apply for special knowledge to appear in court,which is conducive to realizing the cross examination of the appraisal opinions,and breaking the absolute monopoly status of the single appraisal system when it involves specialized issues,helping the judges find out the truth of the case.But at the present stage,the law does not specify the expert assistant system.The academia has also been controversial about the expert assistant system,which has caused difficulties for the expert assistance system in the actual operation.The in-depth study of the auxiliary system of criminal experts can not only make the expert assistant system run more reasonably,but also achieve the essence of court trial.It is also the proper meaning of modern criminal procedure to protect human rights.The first chapter mainly discusses the legislative history of our expert assisted system,introduced in the field of civil litigation and administrative litigation legislation and establishment of expert assisted system in reference to the criminal expert auxiliary system of legislation,the second part discusses the concept of criminal expert assistant and the relevant concepts,third part of the legal value of criminal expert auxiliary system.The second chapter of this paper,combined with the operation of the expert assistant system in practice,mainly discusses the problems and reasons for the existence of the criminal expert assistant system in China.The third chapter combines the relevant expert system abroad,mainly the expert witness system in Anglo American legal system and the technical adviser system in Italy,in order to better improve the expert assistant system.The fourth chapter mainly puts forward some ideas of perfecting our expert assisted system,litigation status,including the establishment of expert assisted the expert assessor's rights and obligations,clear the effectiveness of expert opinion initiatives,the implementation of criminal expert assistant system in order to better,...
Keywords/Search Tags:Criminal procedure, Expert auxiliary people, Appraisal system, Perfect suggestion
PDF Full Text Request
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