鉴定结论在刑事诉讼审判程序中的运用-法律专业论文.docxVIP

AbstractWith Abstract With the social development,technological progress and the elaboratipon of professional labor division,the expert conclusion,an independent category of evidence，has a significantly increasing influence 011 fact finding．Legal proceedings rely more and more On the specialized knowledge，experience and skills of the expert(expert wimess)for the purpose of finding the facts．Howerer,it is legally worried that too much independence on the exp@rt conclusion may result in the hazard that the expert witness might,on behalf of the casc hearer,find the facts．Therefore,the establishment ofa scientific and rational procedure on the expe-rt witness has 100-．．,come觚buming issue of modem legislation and judicial administration． This dissertation falls into three parts，mole than 60，000 words in a11．starting from the research into the basic conception of the expert conclusion,it predicts the tendency on-the basis ofboth the cause for the formation ofthe expert conclusion．By means of expounding the evaluation starting procedure,the producing procedure of the expert conclution,and the procedure of relieLreferring to the successful experience of western countries．and innovating China’S cun锄procedure of the expert conclusion,the writer puts forward his suggestions on the perfection of the expert conclusion,and gives constructive ideas on the legislation of judicial evaluation and the amendment to the procedural laws． The first part：summarization of the appraisal conclutiom Part 1 will firstly discuss the different roles of expert evidence in intemationalperspective，and then come to a conclusion guiding the re-constructing ofexpertevidence in China． The second part：The confrontational procedure of the expert conclusion．On the theoretical basis ofthe confrontational procedure ofthe expelt conclusion ofthe two law systems,the writer analyzes the reasons for the Continental Law System to establish the pre-trial procedure，and probes into the advantages of the c