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Discussion on the Legal Status of Identifier in China

Author: ZhengFei
Tutor: DuZhiChun
School: East China University of Political Science
Course: Procedural Law
Keywords: Forensic system The forensic people Litigation status Expert witness Judge Auxiliary Neutral participants in the proceedings
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 144
Quote: 2
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Abstract

With the advance of society based on the rule of law, judicial appraisal to ensure the smooth and orderly conduct of the proceedings, to play an increasingly important role. Forensic core position as a judicial appraisal of the dynamic factor in judicial identification is obvious. Forensic litigation position is the Forensic Expert System in a very important but are not yet clear. The the forensic people Litigation fuzzy status of the judicial appraisal start, the perfection of the system of forensic rights and obligations as well as the certification of forensic advice there are varying degrees of impact. I believe that our forensic litigation position should be neutral participants in the proceedings, and the existing laws and practices have a certain gap with this positioning. Overview of Judicial Expertise, Analysis of Forensic litigation position in the status quo, and the use of knowledge of Comparative Law, Two Schools countries of the related system carried Analysis, eventually raised of judicial identification of people should be positioned in the neutral litigation to participate in the role as the point of view on how to achieve this positioning put forward their own ideas, and to provide a reference for the legislative and judicial practice. This paper is divided into four parts, the body is around thirty two thousand words. The first part of an overview of the Forensic Expert System, mainly related to the concept, characteristics and type of the forensic people, through their own thinking on these basic issues are discussed and summarized below lay the foundation for the argument about the the forensic people Litigation status. The second part of the analysis on the status of the forensic people in our suit. Specifically addressed the the forensic people Litigation status after the founding of New China, and the status quo of the litigation status of Forensic analysis pointed out that the adverse impact of the litigation status of the forensic people ill-defined the judicial appraisal system settings. The third part is investigated the Two Schools forensic countries litigation status. Two Schools hold a different view of the state in the Judicial Expertise litigation role positioning, common law countries Forensic positioned as an expert witness, and civil law countries will be the forensic positioned as the auxiliary of the judges, the two positioning have their pros and cons, I intend investigated by Two Schools National system to explore reasonable factors, and provide reference for our forensic litigation status. The fourth part of the legal thinking of Forensic Litigation status. Forensic positioning should be conducive to give full play to its role in the proceedings of the essence. I first clear judicial appraiser litigation positioning guiding ideology, followed by how to build our judicial appraiser neutral litigation involved in the status put forward their own ideas, last on how to make the identification of start system, system of identification of human rights obligations and expert opinion from the certification system for identification of people litigation status matched to put forward their own suggestions.

Discussion on the Legal Status of Identifier in China

Abstract

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