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The Research on the Re-appraisal in Criminal Procedure

Author: HuangGuo
Tutor: ZhangShan
School: Central South University
Course: Legal
Keywords: Criminal suit Requalification A number of re- identification Restrict re-identification Forced to start
CLC: D918.9
Type: Master's thesis
Year: 2010
Downloads: 39
Quote: 0
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Abstract


The re-identification is the principal initial identification of expert opinion after examination, considered unreliable expert opinion commissioned the original accreditation body or other accreditation bodies on the same identification issues identified again . The re- identification is an inherent requirement of procedural fairness , should aim to further correct the deviation of the initial identification of scientific and effective identification , the court excluded the defense requalification start the application is based on malice and abuse , should be based on the protection of the burden of proof right positive obligation to grant start re-identification . Criminal Procedure requalification system there are many defects . Judicial practice, the requalification run more confusion, unreasonable re - identified problems , and has not been possible to be a good solution . On the one hand , due to various reasons the parties apply for re-identification , or terms of authority itself to start re-identification is excessive , the formation of a number of re- identification ; On the other hand , the prosecution authorities of the judiciary and in order to meet the purpose of the litigation , often undue restrictions reasonable requalification , legally but unjustly deprived of the requalification rights of the litigants . Unreasonable requalification there are many drawbacks . Such as damage to the scientific nature of the identification , destruction of justice ; reduce the effectiveness of the identification , resulting in an inefficient judiciary ; affect the unity of identification , derogatory judicial authority . The complicated causes unreasonable requalification , re - identification of the basic principles of control , including general principles of openness and controllability unity ; principle that the mandatory death penalty cases start . Perfect idea of re - identification include : specification re - identification of the right to start its operation ; introduction of the System of Expert ; strengthen forensic and legal responsibility .

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CLC: > Political, legal > Legal > UNIVERSITY > Judicial identification study
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