Font Size: a A A

On The "three Properties" Of Evidence For Issuing Appraisal Opinions Using Spectral Technology

Posted on:2022-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ZhangFull Text:PDF
GTID:2516306320490814Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the socialist market economy and the deepening of the legalization process,as well as the deepening of the reform of the judicial system in my country,the expert opinion is an important part of the evidence in the Criminal Procedure Law.At the same time,whether the expert opinion can be directly adopted in the court trial It is about whether it can be used as evidence,and it is also directly related to the determination of the facts of the case,that is,the direction of the case.Therefore,it is very necessary to explore the "three characteristics" of appraisal opinions,namely,legitimacy,objectivity,and relevance.As a professional material evidence identification technology,spectroscopy technology still has some problems.Spectroscopy technology physical evidence identification needs to be standardized and institutionalized.The thesis is guided by dialectical materialism and historical materialism.Aiming at the problems existing in my country's current spectroscopy material evidence identification work,the paper conducts a rational analysis and discussion on the "three characteristics" of the evidence issued by spectroscopy technology to ensure the identification The legality,objectivity and relevance of opinions.To a certain extent,it can prevent the occurrence of unjust,false and wrong cases,safeguard the legitimate rights and interests of all parties to the case,and effectively guarantee the judicial justice of the case.The thesis first starts with the case,and reveals through the case that the use of spectroscopy technology to issue an expert opinion has the problem of weakening of the three characteristics of evidence.Through the appearance problem,it analyzes the deep-seated reasons such as imperfect legal norms,lack of supervision and insufficient examination and cross-examination,and finally starts from the reasons.Through standardizing the appraisal institution and appraisal procedures,strengthening the supervision of spectroscopy technology,strengthening the cross-examination of appraisal opinions and substantive review,etc.,we have summarized specific ideas for solving problems.
Keywords/Search Tags:Spectroscopy technology, Appraisal opinion, Three features of evidence
PDF Full Text Request
Related items