Forensic Expert Conclusions Of Value In Judicial Practice

Forensic expert verification conclusion is assigned to accept security judicial organs or hire, or by the parties or his legal representative, using forensic medicine and modern science and technology, in the case of relating to the facts to certificate inspection, identification special problems in written form, conclusive opinion. Forensic identified mainly involves the damage degree and mental state, and the cause of death, the time of death, and determine the promethean source, biological samples of the same determination and so on a series of special problems. Forensic expert conclusions and other evidence, has legitimacy, the unity of relevance and subjective, basic attribute the objective of scientific evidence is particularly significant other properties, can objectively reflect the facts of the case, the ability of effective evidence is forensic expert conclusions evidence. Conclusion as one of the seven lawsuit evidence in judicial practice, is playing a very important role in identifying, forensic investigation, prosecution and execute judgment, and each link, that the facts of the case, to determine the sin, a felony and misdemeanor vital and DNA conclusion in criminal investigation and often become key sentence conviction. "In the modern system of criminal procedure law has become essential to assist the outside of the dispute that fact and specialized knowledge and technology."But the forensic appraisal conclusion as a "expert testimony", has certain subjective, will suffer many uncertain factors, and with the development of society, the progress of science and technology, the influence of forensic expert, particularly suitable hagrid, identifying program and evaluation standard scientific construction, directly affect the normality of forensic science and accuracy. The current is forensic appraisal system, forensic appraisal institution is not independent, forensic expert system and avoid court and imperfect system, only the identification of the litigant parties, forensic independent innovation, forensic expert conclusions start identification of scientific evidence and authoritative value has been questioned. If the case of special problems make mistakes, or by the identification of error handling personnel, "scientific assistant judges", sometimes into judgment with qualitative analysis and case wrong culprit, by "evidence" lawsuits, become "play" strange phenomena, identification of dispute between the parties case has become a forensic expert "war" between the dark, identification, repeat identification, led by the case of forensic identification and approaches emerging phenomenon, bound, or even visit to evolve into serious impact on social security model affairs, procedural rights of parties, which can effectively safeguard social harmony and stability and development, also made a tremendous waste of resources.Forensic expert conclusions from the nature and the value in judicial practice, this paper compared to the analogy method, the method and theory with practice, this paper discusses the method of forensic expert conclusions accuracy of the influence of various factors, such as forensic expert technical level and identification method, the program and data collecting data of real sufficiency, forensic appraisal organization specialized technical conditions and technology development level restrictions. Aiming at the present investigation organ and social organization lacks the neutral and identification of forensic bull identification, repeat the identification of the situation in China, this paper reviews the development of forensic identification, fine continental law system and common law countries court challenge the validity of such evidence and evidence authentication model, and the countries of two important legal systems and implementation of forensic appraisal start open, fair mechanism, to appear more even repeat identification of appraisal conclusion or identification by the investigated, since in the public eye to avoid sheet, now that forensic expert conclusions blindness caused by such a series of problems, the unjust or wrong case to reduce the error certification and cases of litigation risk, so that the judicial justice and improve the efficiency of lawsuit, he relies on the judicial relief, such as supplementary identification, repeat identification, forensic expert court challenge the validity of such evidence, forensic identification approaches to remedy infringement.Finally, referring to many experts and scholars, the author provide the idea to fully realize the forensic expert conclusions evidence, such as some tentative plans of value neutrality, creating some position as the academic front, equipment and complete ready-made team authoritative institution, and forensic identifying norms of unified, execution, maneuverable practices and technical standards, they finally complete forensic expert conclusions of authentication, both parties patch up suits. Efforts to forge a high level of forensic expert team, strict appraisal system of practice medico-legal proceeding, regular training system and the unqualified elimination system, improve the level of technical expert, reduce the speculative errors, Universities and resource sharing, establish a forensic expert system identification, save &suites cost, improve the forensic identification technology content, strengthen the forensic expert conclusions, in order to better the authoritative expert promote reform and development, promote democracy and the rule of law and justice, credit and friendliness, vitality, stability and orderly, the harmony between human and nature of the final form of social services.