Solution of specialized issues in criminal proceedings,my country has undergone the integrated solution stage of the appraisal opinion (1979-2011),Appraisal opinions are mainly、Inspection report as a reference solution phase (2012-2020),It has now been promoted to a new stage of the interruption of appraisal opinions and specialized issues.。With the advancement of scientific and technological progress and social division of labor,Following the traditional judicial appraisal management system and error appraisal accountability system,Can't meet the requirements of judicial practice of specialized issues reporting evidence。Requirements for the reform of the litigation system centered on trial -centered,Promote the dedicated issues from the procedure system and physical rules from the trial system and the physical rules.,is the basic path to build a special issue report system。
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The review and judgment of the special issue report often touches the judge's knowledge blind area,At this time, you need to use the procedure system of the trial certificate,Cracking the judges' professional knowledge barriers in the prosecution certificate and debate,Promote the substantial review of the judge's dedicated issue report。
First,Moderate relaxation of specialized issues Report to issue the starting conditions for people to appear in court。Appraiser and specialized issues Reporting to the issue of people appearing in court is more conducive to explaining doubts about specialized issues。Compared with the appraisal opinion,Specialized issues Reporting system is not mature,Lack of normative and rigor of the form and content of written evidence,With the lack of strict management system,Dedicated issues Report issued by people should appear in court。So,It is necessary to appropriately relax the Bet365 lotto review launch of the special issue report to issue the restrictions of the person to appear in court,Improve its dosage rate。Public prosecutor、The parties、The defender or the litigation agent reports the dedicated issues and reports it.,and this objection is not obviously unreasonable,Judges shall notify the report to issue people to appear in court。If the objection is obviously unreasonable, the report is not agreed to issue a court to appear,The judge should explain the reason in detail in writing,and give the parties the right to apply for reconsideration for this written decision。other,Even if the relevant subject does not raise an objection,But the judge believes that the substantive review and judgment of the dedicated issue of the special issue helps to promote the role,It also has the right to directly notify the report to issue people to appear in court。
Next,Improve the special issues report issued the cross -inquiry rules after the people appeared in court。According to the current laws and regulations,Specific issues report after issuing people to appear,Preview of the report to the court first,Questions from the direction of proof。This not only causes the program to procrastinate and repeat,And the special issue report issues that it may be difficult to capture the key points when it is issued by the person alone。Therefore, in the future in the future,It can be specified that no statement is required to state content,Questions from the direction of proof,To the court with accurately and efficiently、Epicorability evidence presents important content。other,The order of questioning should be established based on "who proof" instead of "who applies"。On the one hand,It can solve the judge directly notifying the special issue of the special issue report when the person is issued in court,The embarrassing situation of unknown questions in the question; on the other hand,It can ensure that cross -inquiries are always in the positive logic of "proof before proof before proof"。
again,Revisiting the bet365 Play online games startup procedures for the assistant of the experts to appear。Experts to help people appear in court to help strengthen the effect of the special issue report,But the current expert assistant must be freely tailored by the judge,To a certain extent, it causes their court to be low。Starting conditions for re -reshaping experts to appear in court,For related applications,Judges should be allowed in principle。Only when the application is obviously unreasonable,or only involved the judge、Public prosecutor、The parties and their defender、When the formal problem that the litigation agent can solve it by itself,For example, whether the format of the special issue report is complete、The report issues whether the main ability is qualified, etc.,can reject relevant applications。
Last,Clarify the rules of qualifications after the expert assistant appears in court。Under the situation where the defendant applies for an expert to assist in court,Expert assistants can publish opinions on specialized issues、Direct questioning to the reporter,After the report, the number of people can explain the response。With the aforementioned direct confrontation mechanism,Dedicated issues Reporting the Quality Certificate of the Professional Certificate is reinforced,While advancing the quality of the quality,It also realizes the judge's comprehensive listening.。Under the situation where the judge notifys the experts to assist someone in court,Expert assistants mainly play a role in providing intelligent support for the court。Report for specialized issues,Expert assistant presented professional opinions to the court,Then you can ask questions along the proof party later、The order of the other party asked again,Through the inquiry of the experts to obtain specialized knowledge,Based on this, the two parties can better report on the dedication of specialty issues and expand the qualification certificate and defense。
physical rules
In terms of the construction of physical rules,It is clear that the judges can report the specific Bet365 lotto review points and methods of the review and judgment of each element review and judgment,The complete framework for the substantial review to form a dedicated issue。
First,Break the theory of capital,Report from multi -dimensional censorship issues to issue people's actual abilities。For the field of specialized issues, there are already mature industry association management systems,Qualification Certificate as a preliminary review and confirmation result of the report issued by the report to the report of the report,Naturally, it can become an important reference indicator for judges for judges。other,It is necessary to build a more diverse report to issue a human ability review system。On the one hand,Examination report issues the degree of mastery of specialized knowledge in litigation。Specific educational background from the subject、Professional experience and years、The quantity and quality of academic research results、Combat evaluation、Investigation of the correlation of specialty problems in the field and the same problem。On the other hand,Examine the familiarity of business processes issued by specialized issues。The number of special issues solved from the report from the report to the number of special issues in criminal proceedings、The admission rate of the report is issued、Industry Word of Mouth Examination。
2,Abandon the rigid format,Emphasize the review of the necessary elements of the report of the report。Diversity of special issues based on specialized issues,It is not advisable to make a rigid frame fixed for the format of it,During the specific review and judgment process,Only flexibly review the specialty problem to report whether the following key elements are available。First,The basic situation of the special issues report,For example, the entrusted subject、commissioned matters and requirements、Report issuing people and issuing time, etc.,In particular, you need to pay attention to check whether the signature and seal of the report bet365 best casino games issued by the report,and should be accurately to the natural person who issued the report,Any special issue report that only the unit is stamped shall not be used as a fixed case basis。Next,Specific issues Report Essential elements,It mainly includes the method used in the report、Instrument and equipment、Technical standards followed、Report the basic situation of the material required for the report。Last,Specialized issues Report issued by those who are issued by the person who should also take the initiative to attach the evidence of their qualification capabilities,so that the judge can conduct a review and judgment on its ability more targetedly。
third,Eliminate blind superstition,The principle that depends on the special issue report、Method Ritary Censors。For the more mature discipline areas,The principle it depends on it should be reviewed、Whether the method meets national standards、Industry specifications or technical requirements,Whether it has been published publicly and is recognized by peer review,Is it already highly accepted in the field of this discipline。For the early stage of development,It has not formed a mature standard system and a unified industry -cognitive emerging field,The focus of the review and judgment should be placed on whether the reasonable capacity of the principle or method is validly verified。Specifically,You can inspect the report to issue an experimental data、Statistical analysis results, etc. The evidence materials that can be perceived by the outside world。
Fourth,Avoid formalism,Strengthen the rigorous density of density of density of density of density of special issues。First,Strict logical reasoning shall be based on the premise of the report to issue a person in the report。So,Pay attention to the review report and issue whether people are threatened or influenced by public opinion,The report issues whether the person or the close relative of the parties or parties belonging to the case、The report issues whether the person or its close relatives are bet365 live casino games related to the favorable relationship with this case。Next,The issuance of the report on the special issue shall meet the legal procedures。So,It should be examined for special issues to issue people's choice、Starting the report system of specialized issues、Is the formation and operating procedure of specialized issues meet relevant standards and specifications。Last,The reasoning logic of the dedicated issue report needs to be manifested in the form of externalization that can be perceived。So,Pay attention to the adequacy and strictness of review and reasoning,and whether it can exclude reasonable doubts to get the unique conclusion。
Fifth,Alert the proof of the prove to review the dilemma,Pay attention to the analysis of the report of specialized issues and other evidence。On the one hand,囿 囿 囿 囿,Judges only judge the difficulty of the proof of the proof based on the special issue。On the other hand,Only a special issue report is not enough to prove the facts of the case,Except for the evidence of specialized issues, the evidence itself,It should also pay attention to the analysis of the relationship between the report and other evidence。Take the price report as an example,You can examine whether there are downstream merchants、A person familiar with the matter to prove its proof。If there are no other evidence, it will be confirmed,The proof of the report on the special issue also decreases accordingly。
In short,The establishment of the status of the special issues of the special issue,responding to the urgent needs of judicial practice on solving specialized problems。Compared with the increasingly increasing specialty problems,Specific issues Reporting The formulation of specifications is often lagging behind,Therefore, the focus of the special issues of the reporting system should be placed in the improvement of the essence of review and judgment rules。Next,It should be focused on the positioning and transformation of further promoting the opinions of expert assistants,Optimization、Creation of Creation、Certificate of Quality Certificate Bet365 app download of Metaida,Equal confrontation of accusation and defense。This is the only way for the substantial review and judgment of the dedicated issues,It is also a key breakthrough in the substantial reform of trials as the center。
(The author is a doctoral student of the School of Law of China Ocean University of China; Professor of Political Science and Law School of Capital Normal University)
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