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Research On The System Of Criminal Litigation Expert Assistants

Posted on:2021-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:G Y WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In 2013,article 192 of the criminal procedure law formally established the expert assistant system,which is of great significance for the reform of the judicial system.The introduction of expert assistant system not only helps to make up for the defects of identification system,but also plays an important role in promoting judicial justice and the reform of criminal procedure system centered on trial.It has been seven years since the expert assistant system was implemented.Its system value has been reflected in practice,but there are still deficiencies in its operation.The number of criminal cases involving expert assistant appearing in court handled by courts at all levels has not increased significantly.Judicial personnel have different views on its status in the court.In the final analysis,the causes of these problems are all related to the imperfection of legal provisions.The criminal procedure law of our country has relatively simple provisions on the litigation status,opinion attribute,qualification selection,rights and obligations of expert assistant,which will inevitably cause confusion when applied to the system,so it is of great significance to study the expert assistant system.This paper is mainly based on the practice of the expert assistant,through the analysis of the relevant cases,to understand the current situation and shortcomings of the system,and in view of the deficiencies,give some suggestions to improve,in order to play a certain role in the development and improvement of the expert assistant system.In addition to the introduction and conclusion,the text is divided into four chapters.The first chapter is an overview of the system of expert assistant in criminal procedure,which mainly includes the definition of the concept of expert assistant,the analysis of related concepts and the value analysis of the system.Through the research and carding of the above three sections,we can theoretically grasp the significance and research value of the system of expert assistant.The research of this section is mainly from the legal provisions,based on the theory of expert assistant in the domestic legal field.The second chapter is about the investigation and evaluation of foreign relevant systems.Because the technical consultant system in Italy,the expert witness system in the United States and the expert system in Russia were established earlier,the theoretical research and practical operation are gradually mature.Therefore,through the investigation of relevant systems,we can summarize the advantages of other systems and apply them to the expert assistant system in China.At the same time,we should learn from other countries'system and improve the shortcomings of expert assistant system.The third chapter is the empirical analysis and practical dilemma of the expert assistant system in criminal procedure,which is divided into two sections:the empirical analysis of the expert assistant system in criminal procedure and the practical dilemma of the expert assistant system in criminal procedure.In thesection of empirical analysis of expert assistant,the author takes all cases of expert assistant system implementation up to now as the object,makes a systematic analysis,and shows the implementation of expert assistant system most intuitively in the form of charts,and this section is the focus and innovation of this paper.At the same time,through the analysis of the current situation,summed up the difficulties of the expert assistant system,in order to better improve the expert assistant system.The theory comes from practice,the legislation also comes from practice.Only if we have a deep understanding of the practice situation,we can better perfect the theory and make a more complete legal system.The fourth chapter is the improvement of the expert assistant system in criminal procedure.Through the analysis of the current situation,some suggestions are put forward.This chapter specifically includes clarifying the litigation status of the expert assistant,determining the qualification requirements of the expert assistant,clarifying the standards for the appearance of the expert assistant and standardizing the rights and obligations of the expert assistant.
Keywords/Search Tags:Criminal procedure, Expert Auxiliaries, Appraisal opinion, Status in litigation
PDF Full Text Request
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