技术顾问制度中国化分析-刑侦学专业论文.docxVIP

PAGE PAGE 5 several areas: identification of system, unreasonable management of identification of bodies and identification of personnel, the missing of related systems of court expert measures, the contradictions of appraising conclusions itself. The writer believes that the technical advisers can be played dual role of reviewing conclusions and cross-examining on process, not only ensuring the accuracy of the conclusions, but also easing the identification system Problems and contradictions in China to some extent. The fourth part is the parts of building Chinas model of the technical advisory system, which is the core of this paper. The writer tried to introduce the principle from the macro to the micro-entities and procedures. Give opinions from the substantive aspects of the legal status, selection models, and relevant qualification, especially giving opinion about the selection model of technical adviser which is different from the civil law and common law countries, instead of a new opinion. The opinion is that according to characteristics of the three prosecute proceedings, and “tailored”, taking a different approach—to take “public power sector as a supplement, the suspect mainly self-selected” mode in criminal proceedings, to take “the prosecution lead plaintiff, the judge aids to correct” model in the administrative proceedings, to take “ the apply of litigious party is a supplement, the judge ruled mainly ” mode in civil proceedings. Finally, the writer introduce the procedure of technical advisers, in purpose of preventing the whole system is useless because of lack of operations. Key words: Technical Adviser; Appraiser Systems; The Comparison Of Two Law Genealogy; The Model Design Of China 目 录 HYPERLINK \l _bookmark0 引 言 1 HYPERLINK \l _bookmark1 一、技术顾问概述 2 HYPERLINK \l _bookmark2 （一）技术顾问的概念及特征 2 HYPERLINK \l _bookmark3 （二）与相关概念之辨析 5 HYPERLINK \l _bookmark4 （三）技术顾问的适用范围及功能 9 HYPERLINK \l _bookmark5 （四）技术顾问制度概述以及与司法鉴定制度关系 14 HYPERLINK \l