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什么是证据?证据是用于证明未知事实的已知事实之统称,它是认识案件事实的唯一途径,是进行启动、发展、终结诉讼活动的前提;是司法机关开展司法活动,讲究司法公正的基础;是证明犯罪事实的惟一手段;证据是促使犯罪人认服法的武器;是无罪的人不受刑事追究的保障。而诉讼证据则是指经过法庭查证属实,能够证明案件事实的已知事实,它的重要性不言而喻。作为证据的鉴定结论、取证手段的司法鉴定,便显得尤为重要。 专家呼吁:司法行政部门应认真贯彻落实国务院制定的“三定方案”,尽快建立国家统一的司法鉴定中心,制定司法鉴定有关法律法规,鉴定人员资格实行全国统一考试、认证,司法鉴定机构要有一个严格的审批程序和标准,设立司法鉴定援助制度,鉴定人员待遇由国家财政保障。 今年两会期间,有5个省人大代表团,160多位代表联名提案,要求对司法鉴定工作进行立法和改革。
What is evidence? Evidence is the generic name of known facts used to prove an unknown fact. It is the only way to know the facts of a case, and is the prerequisite for initiating, developing and ending litigation. It is also a matter for judiciary to carry out judicial activities and pay attention to judicial impartiality The foundation is the only means of proving the facts of the crime. Evidence is the weapon that prompts the perpetrator to recognize the law. It is the guilty person who is not guilty of criminal prosecution. The evidence of litigation refers to the facts verified by the court to prove the fact that the facts of the case, its importance is self-evident. As the conclusion of the identification of evidence, forensic evidence forensics, it is particularly important. Expert Appeal: The judicial administrative department should conscientiously implement the “three programs” formulated by the State Council, establish a unified national judicial appraisal center as soon as possible, formulate relevant laws and regulations of forensic appraisals, and certify personnel to practice the national unified examinations, certifications and judicial appraisals organizations A strict examination and approval procedures and standards, the establishment of a system of judicial assistance, appraisal of the treatment by the state financial security. During the NPC and CPPCC sessions this year, five provincial people’s congresses and more than 160 representatives jointly proposed the proposal of legislation and reform of judicial appraisals.