Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant ...Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.展开更多
In China's criminal procedure system,forensic advice is one of the key types of evidence.These advices play an important part in discovering the facts of a case,convictions,and sentencing,and they cannot be ignore...In China's criminal procedure system,forensic advice is one of the key types of evidence.These advices play an important part in discovering the facts of a case,convictions,and sentencing,and they cannot be ignored in assessments of guilt and the death penalty.However,due to broad and flexible criminal laws,in actual litigation,the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm.This has led to the existence in name only of cross-examination rights,which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees.At present,there is no legal clarity in criminal proceedings that examiner should or should not be examined in court.In my opinion,the entire court system should require an appearance in court,which must be a clear mandatory appearance with specific exceptions.The system should guarantee the forensic examiner5 mandatory appearances,which would inevitably improve the rules of evidence.展开更多
文摘Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.
文摘In China's criminal procedure system,forensic advice is one of the key types of evidence.These advices play an important part in discovering the facts of a case,convictions,and sentencing,and they cannot be ignored in assessments of guilt and the death penalty.However,due to broad and flexible criminal laws,in actual litigation,the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm.This has led to the existence in name only of cross-examination rights,which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees.At present,there is no legal clarity in criminal proceedings that examiner should or should not be examined in court.In my opinion,the entire court system should require an appearance in court,which must be a clear mandatory appearance with specific exceptions.The system should guarantee the forensic examiner5 mandatory appearances,which would inevitably improve the rules of evidence.
