On The Solutions Of Specific Issues In Criminal Procedure Law

The special institutional models are needed to solve specialized issues be involved,because there are significant differences between specialized issues and commonsense issues.At present,with the increasing number of specialized issues,existing legislation and judicial practice are also gradually evolving,and on the whole,there is a tendency for multiple experts to participate in court.However,there is no systematic solution.The paper comprehensively uses literature analysis,case analysis,comparative analysis,and other methods to analyze specific issues and basic issues related to specific problem-solving paths.Based on the analysis of changes in specific problem-solving models in practice,combined with typical case studies and the latest legislative and judicial interpretations in China,it proposes the idea of improving specific problem-solving paths to clarify the rights and responsibilities of participants while establishing a cohesive system.The full text is divided into four chapters.In chapter one,the paper defines the connotation of specialized problems and the expert systems relied on by countries to solve specialized problems.In the first section,the specificity of specialized problems is clarified,and their differences from common sense problems are analyzed,in order to clarify the necessity of introducing appraisal and other systems to solve specialized problems.In the second section,two key factors for solving specialized problems are studied,namely the allocation of rights and responsibilities of the subject and the application of specialized evidence.In chapter two,the paper investigates the practical operation of specialized problem solving.By summarizing the diversification of subject participation,namely expert participation,and the corresponding changes in evidence forms,this paper summarizes the evolution of legislative systems in specialized problem-solving at home and abroad.The development of identification system,expert assistant systems,expert jury systems,and expert witness systems,which have been formed to solve specialized problems at home and abroad,is introduced in the system review,and the advantages and disadvantages of each system are discussed.Finally,by analyzing the overall data in judicial practice,we can understand the overall operation of specialized issues in criminal proceedings,and combine typical cases,such as the Nian Bin’s case,to study the transformation and development of specialized issues in judicial practice.In chapter three,the dissertation discusses the problems and causes encountered in the practical operation of specialized problem-solving.Firstly,summarize the amplification of the connotation of specialized issues themselves,the defects of appraisal systems,and the problems of judges and other subjects from the perspectives of specialized issues themselves and supporting systems.Then,by analyzing the particularity of the specialized issues themselves and the judicial practice difficulties of the specialized evidence system,the reasons behind various problems are identified.In chapter four,it proposes improvement measures for solving specialized problems in China.Mainly through studying the experience of the evolution of relevant systems in the continental legal system and the Anglo-American legal system,and combining with the existing systems in China,we propose solutions to improve on the basis of existing systems such as appraisal and expert assistance.Firstly,pay attention to the characteristics of specialized issues themselves,and implement necessary regulations when identifying specialized issues and initiating identification and inspection procedures.Secondly,dividing the rights and responsibilities of the subject while strengthening the protection of expert rights.Finally,clarify the positioning of specialized evidence and set different regulations for expert opinions and expert assistants’ opinions.