论我国司法鉴定程序的调整与完善
发布时间：2018-07-17 20:23
【摘要】： 司法鉴定制度是我国司法制度的重要组成部分，是健全司法制度，保障司法公正的基础性建设。由于历史以及现实中的诸多因素，我国现行的司法鉴定体制与社会对司法鉴定日益增长的需求和诉讼制度、审判方式改革的需求不相适应，在司法鉴定工作中暴露了其愈来愈多的问题。笔者在学习的过程中，日益认识到：如果在司法鉴定领域引入一套完善的“程序规范”，则我国的司法鉴定活动在一个有序的法律环境下进行运作就有了保障。反观我国现行司法鉴定中的程序规则，存有诸多的问题。可以说，司法鉴定程序的调整与完善，是我国建立法治国家的需要，是诉讼领域法制化建设的一项重要而迫切的任务。凡此种种，正是笔者选题和写作的目的。 全文除引言外，正文分为三个部分，约32000字。 引言，阐述了调整与完善我国司法鉴定程序的背景以及程序的实质、意义，进而引出本文的主题——如何来调整与完善我国现行的司法鉴定程序。 第一部分，概述。分层阐述了司法鉴定程序的概念及实质，，对我国现行司法鉴定程序的评价，调整与完善的必要性以及调整与完善我国司法鉴定程序的目标定位。在界定了司法鉴定程序的概念、实质基础之上，指出了我国现行司法鉴定程序存在的五大问题，进而提出了公正、效率、科学的目标定位，为后文的写作作下了铺垫。 第二部分，不同法系国家司法鉴定程序的评价。一切事物只有在比较、借鉴中才能见长短、促发展。在本部分中，分别评价了英美法系国家、大陆法系国家的司法鉴定程序以及对二者的总体评价。总结了两大法系国家在司法鉴定程序中优点与缺点，为我国引入借鉴其优点埋下了伏笔。 第三部分，我国司法鉴定程序的调整与完善。这一部分是本文的重点。针对司法鉴定程序的性质，笔者将司法鉴定程序分为开始程序、实施程序、后续程序以及鉴定人出庭作证、违反鉴定程序的法律后果五部分进行分层论述。在开始程序中，笔者从司法鉴定的提请、决定、委托、受理等方面提出了调整与完善的构想；在实施程序中，提出了主要应从 三个方面来调整与完善，即完善司法鉴定实施活动的监督制度、规范司 法鉴定的标准、完善司法鉴定的操作规程；在后续程序中，主要论述了 补充鉴定和重新鉴定的改革思路Z 接着对鉴定人出庭作证以及违反鉴定 程序的法律后踉出了自己的观点。
[Abstract]:Judicial appraisal system is an important part of our country's judicial system, it is the basic construction of perfecting judicial system and safeguarding judicial justice. Due to many factors in history and reality, the current system of judicial expertise in our country is not suitable for the increasing demand of judicial expertise and the demand of litigation system and the reform of trial mode. More and more problems have been exposed in the work of judicial expertise. In the process of learning, the author realized that if a set of perfect "procedural norms" were introduced in the field of forensic expertise, the operation of judicial expertise activities in our country would be guaranteed in an orderly legal environment. There are many problems in the procedural rules of judicial expertise in China. It can be said that the adjustment and perfection of judicial identification procedure is the need of establishing a country ruled by law in our country, and is an important and urgent task in the construction of legalization in the field of litigation. All these are the purpose of the author's choice and writing. In addition to the introduction, the text is divided into three parts, about 32000 words. In the foreword, the background, essence and significance of adjusting and perfecting the procedure of judicial identification in our country are expounded, and then the theme of this paper-how to adjust and perfect the current procedure of judicial identification in our country is introduced. The first part is an overview. This paper expounds the concept and essence of the judicial identification procedure, the evaluation of the current judicial identification procedure in China, the necessity of adjustment and perfection, and the objective orientation of the adjustment and perfection of the judicial identification procedure in China. On the basis of defining the concept and essence of the judicial identification procedure, this paper points out five problems existing in the current judicial identification procedure in China, and then puts forward the objective orientation of justice, efficiency and science, which lays the groundwork for the later writing. The second part, the evaluation of judicial identification procedure in different legal system countries. All things can only be seen in comparison and use for reference to promote development. In this part, the judicial identification procedure and the overall evaluation of common law countries and civil law countries are evaluated respectively. This paper summarizes the advantages and disadvantages of the two legal system countries in the process of judicial identification, and lays the groundwork for the introduction and reference of its advantages in our country. The third part, the adjustment and perfection of the judicial identification procedure in our country. This part is the focus of this paper. In view of the nature of the judicial identification procedure, the author divides the judicial identification procedure into five parts: the beginning procedure, the implementation procedure, the follow-up procedure, the testimony of the expert in court, and the legal consequences of the violation of the identification procedure. At the beginning of the procedure, the author puts forward the idea of adjustment and perfection from the request, decision, entrustment and acceptance of judicial expertise. The paper puts forward that three aspects should be adjusted and perfected, that is, to perfect the supervision system for the implementation of judicial expertise. Standardizing the standard of judicial identification and perfecting the operating rules for judicial identification; in the follow-up procedure, This paper mainly discusses the reform thinking of supplementary appraisal and reappraisal Z then testifying to the expert in court and violating the appraisal. The law of procedure shambles out its own point of view.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D918.9
本文编号：2130833
[Abstract]:Judicial appraisal system is an important part of our country's judicial system, it is the basic construction of perfecting judicial system and safeguarding judicial justice. Due to many factors in history and reality, the current system of judicial expertise in our country is not suitable for the increasing demand of judicial expertise and the demand of litigation system and the reform of trial mode. More and more problems have been exposed in the work of judicial expertise. In the process of learning, the author realized that if a set of perfect "procedural norms" were introduced in the field of forensic expertise, the operation of judicial expertise activities in our country would be guaranteed in an orderly legal environment. There are many problems in the procedural rules of judicial expertise in China. It can be said that the adjustment and perfection of judicial identification procedure is the need of establishing a country ruled by law in our country, and is an important and urgent task in the construction of legalization in the field of litigation. All these are the purpose of the author's choice and writing. In addition to the introduction, the text is divided into three parts, about 32000 words. In the foreword, the background, essence and significance of adjusting and perfecting the procedure of judicial identification in our country are expounded, and then the theme of this paper-how to adjust and perfect the current procedure of judicial identification in our country is introduced. The first part is an overview. This paper expounds the concept and essence of the judicial identification procedure, the evaluation of the current judicial identification procedure in China, the necessity of adjustment and perfection, and the objective orientation of the adjustment and perfection of the judicial identification procedure in China. On the basis of defining the concept and essence of the judicial identification procedure, this paper points out five problems existing in the current judicial identification procedure in China, and then puts forward the objective orientation of justice, efficiency and science, which lays the groundwork for the later writing. The second part, the evaluation of judicial identification procedure in different legal system countries. All things can only be seen in comparison and use for reference to promote development. In this part, the judicial identification procedure and the overall evaluation of common law countries and civil law countries are evaluated respectively. This paper summarizes the advantages and disadvantages of the two legal system countries in the process of judicial identification, and lays the groundwork for the introduction and reference of its advantages in our country. The third part, the adjustment and perfection of the judicial identification procedure in our country. This part is the focus of this paper. In view of the nature of the judicial identification procedure, the author divides the judicial identification procedure into five parts: the beginning procedure, the implementation procedure, the follow-up procedure, the testimony of the expert in court, and the legal consequences of the violation of the identification procedure. At the beginning of the procedure, the author puts forward the idea of adjustment and perfection from the request, decision, entrustment and acceptance of judicial expertise. The paper puts forward that three aspects should be adjusted and perfected, that is, to perfect the supervision system for the implementation of judicial expertise. Standardizing the standard of judicial identification and perfecting the operating rules for judicial identification; in the follow-up procedure, This paper mainly discusses the reform thinking of supplementary appraisal and reappraisal Z then testifying to the expert in court and violating the appraisal. The law of procedure shambles out its own point of view.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D918.9
【引证文献】
相关硕士学位论文 前4条
1 董雪文;论司法鉴定的中立性[D];华东政法大学;2011年
2 张亮;我国司法鉴定人制度的完善[D];燕山大学;2010年
3 李敏;我国鉴定人制度研究[D];燕山大学;2010年
4 肖露;中德刑事司法鉴定程序之比较研究[D];山东大学;2012年
本文编号：2130833
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