On the Criminal Compulsory Appraisal in China and Its Improvement

Authors: Shiqiang N* and Jun K

DOI: 10.23880/oajcij-16000123

Volume 2, Issue 1

Abstract

Criminal compulsory appraisal is not only not clearly stipulated in our laws, but also controversial in the theoretical circles. Through the legal combing and empirical analysis, it is found that the compulsory appraisal under the meaning of “the responsibility of specialized organs” exists in a large number of China's criminal judicial practice, and the compulsory appraisal under the meaning is more conducive to the restriction of the arbitrariness of the specialized organs, and the protection of the rights and interests of the parties. And then for the system status quo, put forward “ expand ‘absolute compulsory identification', strict ‘relative compulsory identification', legal ‘factual compulsory identification' "In order to improve the criminal compulsory identification system in China, we propose to expand ‘absolute compulsory identification', strict ‘relative compulsory identification', statutory ‘factual compulsory identification'.

Keywords: Appraisal Initiation; Mandatory Appraisal; Discretionary

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