Study Of Forensic Conclusions

To review and evaluate expertise, so as to make it well used in judicial practice, is a theoretical and practical project In doing so, we need to master the content of expertise comprehensively and deeply; A systematical and practical system is also needed to do the work of review and evaluation. Therefore, based on the theories of procedure law, evidence law and forensic authentication, as well as in view of problems and actualities in practice, the introduction of this thesis sets its aim of writing, i.e. first, systematically summarizing the main contents on which expertise is reviewed and evaluated; second, putting forward a constructive system of review and evaluation of expertise, which tends to be practical in judicial practice. The thesis is divided into three parts with about 37,000 words.Part One Necessity of reviewing and evaluating expertise.Because the nature of expertise is determined by that of forensic authentication act, this part firstly discusses the nature of authentication act so as to make clear the nature of expertise; Secondly, sum up and elaborate some basic characters of expertise; And thirdly, according to the common places in nature that all evidences including expertise have, the particular nature of expertise as an opinion and its particular basic characters, this part expounds the necessity to review and evaluate expertise.Part Two Scientific and legal contents of expertise.Scientific and legal contents not only institute the main substances of expertise but also are the main contents in reviewing and evaluating expertise. The scientific substance lies in the scientific principle that expertise is based on, the basic requirements for authentication materials, as well as the scientific methods and measures in authentication; the legal substance mainly concludes the acceptance of evidence and the value ofevidence. The former is determined by legality of authenticating corpus, resources of authentication materials and procedure of authentication, necessity for authenticating as well. While the value of expertise is influenced by many factors, among which the relation between expertise and facts of a case, as well as relation between expertise and other evidences in a case are mainly discussed here.Part Three Problems in the practice of reviewing and evaluating expertise, and the design of system for doing that.This part is the key point of the thesis. To review and evaluate scientific and legal contents of expertise is the premise for using it. In judicial practice, however, there are subjective, technical, theoretical or/and procedural factors that lead to many problems for the work. This part firstly states some of the main problems, and then puts forward the constructive systems including the system of open of authentication act, discovery of expertise prior to court, the system of stating, questioning and cross-examine, and the system of recognition for expertise. All these systems tend to be practical and continuous; and in each of the system also include some concrete theoretical and practical elements.Besides, a problem in reviewing and evaluating expertise is that judicial staff, esp. the judges who are not good at science and technology are hard to review and evaluate the scientific part of expertise. But after the discussions above, the writer believes that this problem can be solved by making the content of expertise clear and by letting all the design of systems come into practice.