关键词:

检察机关, 刑事诉讼, 技术性证据, 鉴定意见

Abstract:

The review system of technical evidence of procuratorate organs in China shows the functional characteristics of ensuring the quality of technical evidence, supervising and restricting the level of  technical evidence collection by public security organs, making up for the limitations of the system regarding relevant personnel’s absence  in court trial, and promoting the procuratorate organs to reallocate resources. The documents of the procuratorate organ for examining technical evidence expand the scope of technical evidence, clarify the sources and conditions of people with expertise for examination, and stipulate the guarantee of safety and cost, and obligations of examiners. However, in terms of the interpretation of the system development, the evidence review system still faces some problems, such as unclear system positioning, unsmooth supporting mechanism and shortage of internal technical resources. In order to implement the effective examination of technical evidence by procuratorate organs and give full play to the due role of technical evidence in cases, it is necessary not only to make it clear that the examination opinions of technical evidence are only used as trial reference and position the technical examiners as expert assistants, but also to establish a special system for the examination of technical evidence, further improve the review scope and starting conditions of technical evidence, reasonably allocate judicial technicians, establish a list of technical experts, and encourage and help technicians to improve their professional ability. 

Key words:

procuratorate organ, criminal litigation, technical evidence, appraisal opinion