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Application of expert conclusion of the criminal trial stage

Author: AnYanYan
Tutor: YueLiLing
School: China University of Political Science
Course: Procedural Law
Keywords: Expert conclusions Expert testimony Evidence of ability Cross-examination Authenticate
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 53
Quote: 2
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Abstract


Relates to the identification of the conclusions of the Code of Criminal Procedure to how to apply very little in the beginning of a trial , and some are just some of the provisions in principle , these simple provisions rough , non- operational , leading to problematic expert conclusions applicable judicial practice . The emergence of these problems related to the absence of China 's legal system , also with our traditional litigation model as well as the overall quality of the law enforcement and judicial personnel . Applies specifically to achieve real procedural justice , and improve the identification of the conclusions is very necessary . This is our country and building a socialist country under the rule of law , the proper meaning . Identification of the conclusions , including the cross-examination of the expert conclusions procedures and certification procedures applicable in the hearing stage , in this article from the discussion of the identification of the concept about comparing the civil law and the common law system for the identification and expert evaluations ( expert testimony ) concepts and differences exist on the properties details Two Legal about the expert conclusions ( expert testimony ) in the court stage of cross-examination and certification procedures , analysis of the problems of our judicial practice in cross-examination , and certification of the expert conclusions , and combined with their situation , own perfect envisaged . This paper is divided into four parts , the first part , the basic concepts of identification, appraisal and expert conclusions , and discuss the evidence of the ability of the expert conclusions ; second part introduces several typical civil law countries in the trial stage expert conclusion of cross-examination and certification procedures ; , mainly introduced to the United Kingdom , United States of America as represented by the common law countries, the cross-examination of expert testimony in the criminal trial phase and certification procedures ; fourth part focuses on China 's criminal trial practice identification of the conclusion of the status quo of cross-examination and certification program , pointed out some problems existing in-depth analysis of the reasons leading to these problems , and learn from the experience of the two legal systems based on based on its own national conditions , and improve vision .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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