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Consideration on Reforming and Perfecting Medicole-gal Expertise System and Problems of implementing the 120th Provision of New Criminal Procedure Law
GUO Chang-ming (The People's Procuratorate of Xiamen City)
2001(3):
48-51.
Forensic expertise plays an important role in guaranteeing judicial justice. Medicolegal expertise is a constituent part of forensic expertise, of which the body injury examination is often sources of disputes; there have long been calls to reform and perfect the medi-colegal expertise system. The main problems of the present medicole-gal expertise system are as follows:1. Legislative rules are inexplicit and regulations of forensic expertise are incomplete. 2. The setup of forensic medical institutions is in anarchy and their responsibilities are not clear. 3. The procedure of body injury examination is in disorder. 4. The criterion for body injury classification is not normalized; 5. There is no clear definition about the scope of cases that different institutions can accept and no grade ratings of examination results. 6. Re-examination can not be implemented easily. 7. There is no authoritative institution endowed with ultimate re-examination power. With problems above, rules and regulations should be enacted, clarifying examiners' right and duty, distinguishing responsibilities, defining scopes of acceptable cases of different institutions, standardizing examination procedures. It is also recommended that working committees of forensic expertise, specifically committees of medicolegal expertise be founded to manage and coordinate forensic examination activities. After discussion of the 120th Provision of New Criminal Procedure Law, the author suggests that "the centralized system" and "the binary system" both have their shortcomings, that "the plural open system " be preferable.
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