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On The Certification Of Scientific Evidence In Criminal Proceedings

Posted on:2011-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ChenFull Text:PDF
GTID:2166360305981531Subject:Litigation
Abstract/Summary:PDF Full Text Request
Future criminal proceed is dominated by scientific evidence. Criminal trial can not be separated from the application of scientific evidence. However, scientific evidence should be able to perform its role. It is to a large extent depended on how we see and use it. If we use it properly, it will become a weapon to fight against the crime. Conversely, if we use it improper, it also has sufficient capacity to the director of the tragic scenes. To a proper understanding and application of scientific evidence, the judge lies in the certification of scientific evidence. Evidence of the use of certification is ultimately the most important. Scientific evidence, whether from the use of the norms of justice, or the theory of scientific evidence from research and development point of view, improve the scientific evidence that the need to involve a certain degree. Study the scientific evidence must include evidence of certification of the two major aspects of the basic characteristics, that is, evidence and proof of power. Because of the specificity of the scientific evidence, and its ability to review the evidence and prove that the judge force also need to take more innovative approaches. In this paper, then, the scientific evidence with a view to building a theoretical system of certification.The full text contains the introduction, body and conclusion three parts, which is a total of about 30,000 characters. The body is divided into three parts.Introduction tells the scientific evidence in criminal proceedings is playing the great role of the evidence. The author also describes the thinking was on the point of this article.The body has three major components, namely, "an overview of scientific evidence Certification", "to review the ability of scientific evidence" and "to prove the power to judge of scientific evidence."The first part of "an overview of scientific evidence certified", first on the concept of scientific evidence. The author introduced the current domestic popular scientific evidence on the various concepts put forward their views. Second, I summarize the characteristics of scientific evidence. In addition, judicial practices and theory from the perspective of research into the scientific evidence of the need for certification.The second part of "scientific evidence of the ability to review the evidence" consists of three parts:the relevance of the identification, review of the legality and scientific judgments. On the legitimacy of the review, in view of the specificity of certain scientific evidence, additional special emphasis on scientific evidence should be treated differently. In addition, this paper put forward the innovation of the scientific evidence of China's scientific and should be divided into specific areas of expertise combined with the development of the field as standards.The third part of "scientific evidence to prove the power to determine", how to be accepted around the judges of the scientific evidence to prove force was discussed. Scientific evidence to prove our ability to prove compliance with the judge should be free of a consensus decision. However, the specificity of the scientific evidence for the need for further emphasis on scientific evidence alone can not separate conviction. Scientific evidence is to be reinforced accordingly.At the end, I appeal to some conclusion we must pay particular attention to scientific evidence of certification, for the grand building of socialist rule of law and lay a solid foundation.
Keywords/Search Tags:Scientific Evidence, Certification, Evidence Ability, Probative Force
PDF Full Text Request
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