(1) The appraisers' appearances and the low court appearance rate of the appraisers in the trial in China are the basic understanding of the academic circles. According to incomplete statistics by scholars, the average court appearance rate of criminal appraisers is only 5%; if civil cases are counted, the appraisers' overall court attendance rate is lower; it is difficult to say which is more authoritative in various statistics, but they are very low, generally Only 2% to 0.6%. [3] is to change this situation. Article 187 of the new Criminal Procedure Law stipulates that the appraiser who is higher than the witness's appearance in court shall have the terms of the court: "The public prosecutor, the party or the defender or the litigation agent disagrees with the appraisal opinion. If the people's court considers that the appraiser is necessary to appear in court, the appraiser shall appear in court to testify. "According to Article 234 of the Criminal Law, if a person intentionally injures death, he shall be sentenced to more than 10 years in prison, life imprisonment or death penalty. The second instance of the case was approved by the Supreme People's Court, and the two defendants were sentenced to three years and six months and three years in prison under the starting point. Since the defendant had been detained for about three years, he was actually released shortly after the verdict. [25 before [5], Wang Zhaopeng, p. 368, 203 [26] After the revision of the law, the rigidity of witnesses appearing in court has also been strengthened. Article 58 of the original Supreme People's Court's Interpretation of Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China stipulates: "After the testimony of a witness who has not appeared in court, the testimony of the court may be used as a basis for finalization." This provision actually declares that witnesses can not testify in court. However, after the implementation of the new Criminal Procedure Law, the article was abolished. [28] cited [6], Novak, p. 356. [29] In the case, the defendant was sentenced to a 30-year imprisonment by a military court and was sentenced to 30 years in prison; he did not have any chance to summon a certificate in his favor. [30] In the case, the defendant’s girlfriend was in a In the written testimony, the defendant was with her all night, but she was unable to appear in court due to her inability to pay the toll. The Human Rights Committee believes that the judge should have deferred the trial and issued a subpoena to ensure her appearance in court, and the police should have provided her with a car. See Fan Chongyi et al.: Principles and Application of Criminal Evidence Law, Chinese People's Public Security University Press, 2001, p. 214 The following 205. [41] The Supreme Court explained that Article 87 stipulates: "If the special issue in the case needs to be authenticated, but there is no statutory forensic appraisal institution, or the law or judicial interpretation can be tested, you can assign and hire expertise. The person carries out the test, and the test report can be used as a conviction. "The person with special knowledge here" is obviously not an appraiser, but can be called a expert assistant or expert witness. [42] Article 79 of the new Civil Procedure Law stipulates: "The parties may apply to the people's court to notify the person with special knowledge to appear in court and to give opinions on the appraisal opinions or professional issues made by the appraisers." [43] This is similar to the defendant's guarantee of the right of sympathy for witnesses who are not good for himself. Related research see Xiong Qiuhong: Reflection on the system of criminal witness testimony 1 Professor of Guanghua Law School of Zhejiang University and Judicial Appraisal Center of Zhejiang University. This paper is a key project of the National Social Science Fund, “Study on the Models, Laws and Reform Directions of the Socialist Judicial System with Chinese Characteristics†(14AKS009), and the “Research on the Criminal Litigation Expert Support System†(CLS (2013) C83 ), the phased results of the Zhejiang Law Society's "Building a Judicial Appraisal System for China's Judicial Appraisal" (2013NA04). Pan Guangjun, Judicial Appraisal Management Office of Zhejiang Provincial Judicial Office, Weng Li and Lv Yize, Judicial Appraisal Center of Zhejiang University, Feng Yi, Chen, Ph.D., Huang Guangwen, and Lin Jiadong, Ph.D. students from Guanghua Law School of Zhejiang University participated in the research, data research, statistics and research. The writing of the report and so on condenses the collective wisdom. [2] See Hu Ming: Expert Assistant: Fuzzy Identity and Shortage According to the New Judicial Interpretation of the Criminal Procedure Law, the Law Forum [4] Article 187, paragraph 1, of the New Criminal Procedure Law stipulates: “Public prosecutor, party Or the defender or the litigation agent disagrees with the witness testimony, and the witness testimony has a significant impact on the conviction and sentencing of the case. If the people's court thinks that the witness is necessary to testify in court, the witness should appear in court to testify." From this we can see that the witness should appear in court at the same time. There are three conditions: (1) the public prosecutor, the party or the defender, and the litigation agent have objections to the witness testimony; (2) the testimony of the person has a significant impact on the conviction and sentencing of the case; (3) The people's court considers that the witness is necessary to testify in court. For the appraiser to appear in court, the second condition is not required. [5] Wang Zhaopeng: American Criminal Procedure Law, Peking University Press, 2005, p. 366. [6] Manfred Nowak: Commentary on the International Covenant on Civil and Political Rights, Sun Shiyan, Bi Xiaoqing, Sanlian Bookstore, 2008, p. 356. Committee: The Road to Strengthening the Science of American Courts, translated by Wang Jinxi, et al., Renmin University of China Press, 2012, p. 113. [1] Huang Ermei: Accurately grasp the legislative spirit to ensure the correct implementation of the law. A brief introduction to the judicial interpretation of the Criminal Procedure Law of the Supreme People's Court, edited by Jian Lin and Tan Shigui, Compilation and Implementation of the New Criminal Procedure Law, China People's Public Security University Press, 2013, No. 14 pages. [11] In particular, the decision of the Standing Committee of the National People's Congress on the administration of judicial appraisal passed in 2005> provides for the appraisers and appraisal agencies - management, registration, roster preparation and announcement. [12] Article 106 of the new Criminal Procedure Law retains the provisions of Article 82 of the original Criminal Procedure Law: "[14] See Pan Guangjun, Yang Jian: Nine-year Casting [15] As in early 2013, Zhejiang Province became the first in the country. The specialized expert support organization is a one-day appraisal technology research institute. The agency also launched a professional website "China Experts Assistant Network" (). [16 The results of the questionnaire showed that only 7% of the respondents indicated that the system of witnesses appearing in the new Criminal Procedure Law is unclear, and only 13.5% of the respondents indicated that it is unclear about the system of expert supporters prescribed by law. [17] The variables involved in the questionnaire (excluding the personal information variables of the respondents) are as many as 36. Each variable directly or indirectly reflects the respondent's cognition and recognition of the Chinese appraisers and expert support system. However, as far as the research and the previously deduced statistics show that the appraisers have low court appearance rates and the role of expert assistants is not exerted, it is worthwhile to analyze the most direct recognition, that is, how to treat the appraisers and expert assistants. Role positioning and recognition of its opinions. Therefore, this study uses the following four variables for analysis: (1) whether the appraiser should appear in court; (2) how the judge handles two different appraisal opinions; (3) the litigation status of the expert assistant; (4) the opinion of the expert assistant Legal attributes. In order to simplify the writing, the following correlation analysis tables are omitted, and only Wenyu is used. 196. Liu Liang is the dean of the Department of Forensic Medicine of Tongji Medical College of Huazhong University of Science and Technology, and concurrently the deputy director of the Forensic Pathology Committee of the Chinese Society of Forensic Medicine. Forensic appraisal of criminal cases such as Cheng Shuliang, Huang Jing, Xie Pei Yin, Xiong Zhuo and Qi Jian Xin. 7 (21) See Liu Chang: Chinese-style expert witnesses appear in court and no longer monopolize the right to judicial appraisal], Southern Weekend July 4, 2013. Editor-in-Chief John Strom: McCormick on Evidence, Tang Weijian, etc., China University of Political Science and Law Press, 2004, p. 31. Matsuo Ho is also the editor of the Criminal Procedure Law, Hong Wentang 2009 edition, p. 88. [40] See the editor-in-chief of the ancient Shuke: Russian criminal procedure tutorial, Huang Daoxiu, etc., Chinese People's Public Security University Press, 2007, p. 204. Kitchen Apron,Christmas Apron,Welding Apron,Barber Apron Ningbo Topwill International Trade Co., Ltd. , https://www.nbtopwell.com
An Empirical Study on the Appearance of Appraisers and the Role of Expert Assistants