论文部分内容阅读
刑事诉讼领域中,司法鉴定启动权配置制度中暴露出的问题日趋突出。当前司法鉴定启动权的运行易使控辩双方力量严重失衡.有悖于控辩平衡原则与程序正义原则。为了与现代刑事诉讼理念相衔接,有必要对司法鉴定启动权配置等问题进行理性抉择与重构。这就需要在立足我国现实国情的基础上,通过对英美法系、大陆法系国家的司法鉴定制度比较与借鉴.进一步完善我国刑事诉讼制度中的司法鉴定启动权配置。
In the field of criminal procedure, the problems exposed in the disposition system of judicial power of starting-up have become increasingly prominent. At present, the operation of the forensic right of forensic examination tends to cause a serious imbalance of power between the prosecution and the defense, which is contrary to the principle of balance between prosecution and defense and the principle of procedural justice. In order to connect with the concept of modern criminal procedure, it is necessary to rationally decide and reconstruct the issues such as the configuration of the judicial power of starting the trial. This needs to be based on the actual conditions of our country based on the comparison and analysis of the judicial appraisal system of the Anglo-American legal system and the civil law countries to further improve the configuration of the judicial appraisal starting right in China’s criminal procedure system.