On The Impartiality And Guarantee Of Criminal Appraisal Procedure

China's criminal appraisal procedures have largely followed the model of the former Soviet Union's super-authoritarianism,which has the disadvantages of being more efficient and less fair.After the outbreak of the Min Yinlong incident,the issue of criminal appraisal procedures became a target of public criticism,and its fairness has been questioned by the society.Although the new criminal procedure law has made significant changes to the criminal appraisal procedures.there are still many things worth reflecting on the fairness of the criminal appraisal procedures.The fairness of criminal appraisal procedures is closely related to substantive justice and procedural justice.Focusing on individual cases,it is about whether the truth of the case can be restored,and at the same time directly affect the legal rights of the parties;looking at the overall situation,ensuring the fairness of the criminal appraisal procedures can reshape the concept of justice in the society and consolidate China's judicial credibility.There are many perspectives on the discussion of criminal appraisal in academic circles.This article takes the specific legal procedures involved in criminal appraisal as the starting point,and analyzes the problems in the fairness of the three major procedures in accordance with the logical time sequence of appraisal initiation,appraisal generation and appraisal.,And give specific safeguard measures.In addition to the introduction and conclusion,the full text is divided into four parts.The first part is an overview of the fairness of criminal appraisal procedures First,Under the current investigative system,the article discusses the scope of criminal appraisal procedures,Criterion of justice of criminal appraisal procedures and its significance value.The common connotation and characteristic standards of fairness in the process of initiation,generation and cross-examination of criminal appraisal procedures were discussed in detail.In the second chapter,in order to guarantee the fairness of the process of starting the criminal appraisal,the first section introduces the status of the process of starting the criminal appraisal.then,the article supports the academic viewpoint of establishing an appraisal agency within the investigative agency,and makes arguments from the perspectives of investigative science,economics,social empirical evidence,and comparative law.The article analyzes: the imbalance between the prosecution and the defense,the absence of compulsory appraisal legislation,and the narrow scope of appraisal opinion notification have led to the unfairness of the process of appraisal initiation.It examined the practices of the civil law system and the common law system,and made comments based on China's specific national conditions.It is proposed to guarantee the fairness of the process of initiating the appraisal by granting the parties the right to initiate an application for criminal appraisal and establishing a fair relief channel;making up for the legislative gap of compulsory appraisal;expanding the scope of appraisal opinions,and introducing expert assistants in advance.The third chapter is to guarantee the fairness of the procedure of criminal appraisal.This section identifies the hidden dangers and risks of the identification generation process.From the five aspects of physical evidence extraction,preservation,commissioning,and acceptance standardization;scientific screening and sampling;internal quality control;external supervision channels;comprehensive and detailed document forms,five specific measures are given.The last chapter is to guarantee the fairness of the criminal appraisal procedures and cross-examination procedures.Through the empirical analysis method,the article visually shows the implementation of the criminal appraisal and cross-examination procedure in a graphical manner.Summarize the crux of the impact on the impartiality of the certification process.From perfecting the appraisers to appear in court;constructing a multi-level disclosure system;improving the legal status of expert assistants;introducing expert jurors,etc.,the prescription of small reform costs and quick results is given.