Font Size: a A A

Forensic Study On The Right

Posted on:2004-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y M TangFull Text:PDF
GTID:2206360095456374Subject:Litigation
Abstract/Summary:PDF Full Text Request
The theory of rights of forensic expertise is an important part in the forensic science theory, and it is also one of the main contents of the legislation of forensic expertise. The article studies on some issues of the rights of forensic expertise in the procedure. The author hopes that this article is conducive to enriching the theory of forensic science, guiding the practice of the forensic expertise. The article consists of four parts.Part one is the introduction of the rights of forensic expertise. First of all, based on defining the correct concept of the forensic expertise, the author establishes the concept of the rights of forensic expertise, and analyses the contents of the rights of forensic expertise. Secondly, the author discusses the nature of the rights of forensic expertise. Thirdly, analyses the significance of studying on the rights of forensic expertise.Part two is on the rights of stating the forensic examination. As the beginning, the author introduces the contents of the rights of starting the forensic examination. And then probes into the characters of the rights of starting the forensic examination. Thirdly, the article introduces four models of the ownership of the rights of starting the forensic examination, and makes comments on the four models. Lastly, based on the defects of current system of the rights of starting the forensic examination in our country, the author gives some suggestions in order to perfect the relative forensic expertise systems.Part three is on the rights in the process of doing the forensic examination. The author considers that the rights in the process of making the forensic examination aren't born rights, but second rights. The rights in the process of making the forensic examination are the unity between the identifier's rights and the forensic examination constitution's rights. And then the articlediscusses the body of the rights in the process of making the forensic examination; moreover, the author gives some advice on perfecting our system of the rights' body. Below that, the article introduces the contents of the rights in the process of making the forensic examination. Lastly, the author thinks that it is necessary to restrain the rights in the process of making the forensic examination.Part four is on the rights of cross-examination on the expert conclusion and the rights of authentication of the expert conclusion.On the rights of expert conclusion cross-examination, the article firstly introduces the conception of cross-examination, after that analyses the reality of the cross-examination on the expert conclusion. Thirdly, the author discusses the reasons on cross-examination on the expert conclusion. Fourthly, the author considers that the parties are the legal bodies owning the rights of the expert conclusion cross-examination. Lastly, in order to guarantee the parties' rights of the expert conclusion cross-examination, the author thinks that some relative system must be perfected.On the rights of authentication of expert conclusion, the article discusses the theory of basic on the authentication of expert conclusion, points out the judge is the only body owning the rights of expert conclusion authentication. Then the author introduces the main contents of the rights of authentication of expert conclusion. Lastly, because that the judge is lacking in the knowledge, the author points out that we must do something to limit the judge's rights of expert conclusion authentication.
Keywords/Search Tags:Forensic
PDF Full Text Request
Related items