The New Appraisal Of Criminal Proceedings

New appraisal is China's judicial authentication relief a very important ways, it found that the facts of the case to the truth, maintaining legal rights of parties are playing a vital role. However, the situation at the moment in our country's criminal procedure, and relevant judicial explanation about the provisions of the criminal litigation appraisal again rarely, the maneuverability is also not to be strong, and has many defects. In our country's judicial practice, new appraisal program start frequency is taller, this creates a judicial resources, and damages the serious waste of dignity, justice is the most serious consequences of judicative credit reduction.The judicial authentication procedures general rules ", after the revision of new appraisal should possess the conditions prescribed in judicial practice, but from what happened to these provisions situation, is very simple. Although the entity and procedures for new appraisal aspects to a strict standards, but still can't effectively stop repeat identification of the phenomenon to appear. On the other hand, the judicial authentication procedures general rules "but is one of the rules enacted the justice department, even the administrative regulations are not, its legal effect is very low, whether in litigation to strictly follows is still controversial.In this respect, we need to find out in the criminal procedure law of new appraisal problem provisions, and in the light of the defects of the defect corresponding countermeasure, thereby improve in our country's criminal procedure of new appraisal system. This article through to the judicial practice in many of the appraisal again appeared a detailed analysis of the phenomenon, and then analyzes the reasons, and the way of solving this problem.First, from the new appraisal, expounds the concept of the appraisal on the concept, characteristics, and relevant concepts, emphatically analyses the comparison of current judicial authentication system in the interests of existing new appraisal value.Secondly, this paper explores the new appraisal phenomenon ongoing six origin factors, including legislative and judicial practice reasons.Finally, according to China's current legislation and specific conditions, the successful experience from home and abroad, and puts forward including the establishment appraisal conclusion open system, limit the number of new appraisal of appraisal conclusion, strengthen the authentication, perfect the cross-examination and testifies system and establish appraisers "technology consultant" system, and a series of perfect new appraisal system conception...