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Research On Criminal Forensic Identification Issue

Posted on:2024-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2556307166977359Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Because of its unique role in criminal litigation activities,criminal forensic expertise has been in an indispensable position in criminal litigation activities,and the forensic opinion formed through forensic expertise is listed as one of the types of legal evidence.Criminal forensic expertise is a scientific solution to a specific case fact made by the expert with the help of his specialized knowledge.In essence,it is the application of a certain kind of professional problems in the judiciary,so it is naturally legal and scientific.From this,some problems such as how to make effective use of forensic expertise are derived.In order to ensure the objectivity of criminal forensic appraisal and its evidential ability in litigation,it is the focus of criminal forensic appraisal and also the focus of this paper.Based on the practical problems arising in the operation of criminal forensic expertise,this paper combines the shortcomings and advantages of the current normative legal documents regulating criminal forensic expertise and the previous academic theoretical research results.Through empirical analysis,the author points out that the construction of the main body of criminal forensic appraisal needs to be improved,the construction of scientific standard of criminal forensic appraisal is limited,the operation of criminal forensic appraisal is not smooth,which leads to the repeated identification dilemma,"identification cannot",and the "fraud" in the medical parole is difficult to regulate.At the same time,through the beneficial results of domestic forensic research and combining with the present situation of Chinese justice,this paper aims at adjusting the layout of forensic organization,optimizing the configuration of forensic organization and improving the supervision procedure to improve the main problem of forensic evaluation.Perfecting the standard of forensic expertise from the aspects of filling the vacancy of forensic standard,argumentation of forensic standard and constructing a unified standard system;In view of the problems of obstructing judicial operation,the author put forward clear conditions for the defense to apply for reappraisal,and put forward corresponding suggestions on the establishment of the mechanism of diversion treatment of "unable appraisal" and the improvement of the medical parole appraisal system,so as to provide meager help to the development of the criminal judicial appraisal system,enhance judicial credibility and guarantee judicial justice.
Keywords/Search Tags:Criminal Procedure, Criminal Forensic Expertise, Identification Problem
PDF Full Text Request
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