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Research On Expert Investigation Report And System Of Major Incidents

Posted on:2023-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:L Y YuFull Text:PDF
GTID:2556307082983349Subject:Procedural Law
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A major incident investigation is a special administrative investigation,which is major to social development and the rule of law construction.In recent years,from major public health events to global natural disasters to frequent occurrences of critical areas of work safety,there have been many obstacles in practical investigation and judicial practice due to the lack of a particular investigation system.In 2021,the new interpretation of the Criminal Procedure Law was issued,determining the qualification of expert reports on specialized issues as criminal evidence,which is of great significance for applying expert reports in judicial practice.However,possessing evidential qualifications does not imply that they can be used to make decisions.Only normative and successful review and scientific cross-examination can be utilized as evidence and play a critical and unique function.However,the investigation of major social events and the judicial application of expert investigation reports encounter various obstacles due to a substantial lack of a national investigative system and a lack of laws and regulations for investigation reports.This paper first defines the concept and scope of expert investigation of major issues,expert investigation of specific issues of the people’s Congress and expert investigation of production safety accidents under The State Council starting from the experience cases of expert investigation at the national level.It then emphasizes the accident investigation system as a case processing mechanism,major events expert investigation shall be the national level to investigate system.Second,the investigation laws,regulations of investigation reports,and typical investigation cases of other countries are analyzed and organized based on the current lack of legislation on special investigation procedures and requirements,the lack of writing norms and requirements of investigation reports,the lack of disclosure system of investigation reports,and the lack of judicial relief system of investigation decisions.The paper then addresses the issues with the expert investigation procedure and report from the standpoint of the evidence review.Finally,outline the key milestones in the development of the expert system.These milestones should include clear expert survey report evidence of the legal position,clear norms and rules,perfected expert investigation report survey evidence censorship rules,establishment of the expert’s investigation and report cross-examination mechanism,establishment of a national investigation method and expert database,and attachment of great importance to the investigation improvement measures of tracking report on a regular basis.Nowadays,with the continuous improvement of public judicial awareness and the concept of social joint governance,the authoritative investigation is essential in maintaining social stability and building public credibility when major events that affect the whole society appear.The reasonable regulation of expert investigation of major incidents is the basis and premise of finding out the facts of cases,realizing judicial justice and playing its particular role.Currently,the investigation of experts on major incidents and the use of evidence in investigation reports are critical issues in judicial practice and hot issues in social stability and governance.Introducing the expert investigation system of major incidents and related investigation rules is essential for solving major issues of widespread public concern and maintaining good social governance and judicial justice civilization.With the continuous improvement of public awareness of participation in social governance and the growing use of technical evidence in judicial practice,the system of major event expert investigation is urgently discussed and clarified.Expert investigation of major incidents should not only be limited to the investigation of accidents in a specific field but also includes the investigation of major issues that are widely concerned by the public and may cause social concern.It is not only the requirement for promoting good social governance but also the absolute need for the process of the national rule of law.
Keywords/Search Tags:major incident, investigation system, expert investigation, expert report, evidence review
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