From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power...From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power. However, the values residing in these two legal attributes are not the same. The former emphasizes ＂justice,＂ and the latter, ＂efficiency.＂ An analysis of the legal norms governing forensic testimony in different periods shows that forensic testimony in criminal proceedings is gradually shifting from a pattern dominated by the exercise of power to one characterized by the collection of evidence. However, a genuine return to the essential character of forensic testimony as the collection of evidence must be premised on a change in the value orientation of the Criminal Procedure Law, that is, on a change from ＂efficiency＂ to ＂justice.＂展开更多
基金the Youth Project of the National Social Sciences Foundation"Linking Securies Administrative Punishment with Criminal Penalty"(No.11CFX048)support from the Project of the Institute of Foreign Law and Comparetive Law of East China University of Political Science and Law(No.SJ0709)the Disciplinary Building Project of Legal History of East China University of Political Science and Law(No.030102)
文摘From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power. However, the values residing in these two legal attributes are not the same. The former emphasizes ＂justice,＂ and the latter, ＂efficiency.＂ An analysis of the legal norms governing forensic testimony in different periods shows that forensic testimony in criminal proceedings is gradually shifting from a pattern dominated by the exercise of power to one characterized by the collection of evidence. However, a genuine return to the essential character of forensic testimony as the collection of evidence must be premised on a change in the value orientation of the Criminal Procedure Law, that is, on a change from ＂efficiency＂ to ＂justice.＂
