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Talk about the our country judicial appraisal Suggestions of constructing authentication rules

Author: YaoLei
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Forensic opinion certification system admissibility probative force
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 46
Quote: 0
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Abstract


Expert opinion of Justice in the proceedings will be used increasingly, its influence is also growing, expert opinion to help judges resolve the case in the special issues, but also brings challenges to the judge. This opinion adopted to identify the main problems the letter as a starting point, combined with procedural law and knowledge of forensic science, contact our national conditions, analysis of foreign certification rules of evidence related to identification, to build a set for the judicial use of expert opinion in China certification rules, have contributed to make certain legislation.This paper describes the first chapter of the theoretical basis of forensic opinions, statements from the expert opinion of the major doctrines and domestic problems, this paper discloses the identification of the prevailing views of the misunderstanding, and the characteristics of expert opinion and evidence property a re-analysis. And analysis of expert opinion to establish an independent certification rules need to contact both the inherent requirements of procedural justice, expert opinion on how to establish certification rules for the direction. In the second chapter, the identification of the two legal systems related to national certification system to inspect the evidence, the introduction of foreign-related systems at the same time, analyze it judged that the advantages and disadvantages of these systems, combined with China’s national conditions, the introduction of these systems to China’s feasibility.This article summarizes the third chapter summarizes the views of certified forensic situation, both from the legislative and judicial point of view of the lack of relevant systems and the disadvantages caused by these deficiencies.The fourth chapter is the focus of this article, the author of several chapters in the above certification, based on expert opinion for the certification of China’s national conditions the main problems, related systems to absorb and learn from foreign countries, proposed the establishment of certification rules of judicial concept of expert opinion. China’s Judicial Authentication authentication rule consists of expert opinion evidence of ability to adopt rules and expert opinion from the probative force of the admissible rules of two parts, according to first determine expert opinion evidence of ability to judge expert opinion of the probative force of the steps on how to select the appropriate identification views put forward specific proposals

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