Study On Application Issues Of Appraisal Conclusions And Countermeasures

Research and application of the evidences of appraisal conclusions are attracting more and more attention of the theoretical and practical field, and become an important issue. With the thought train of question formulation, analysis and solution, based on China's current situation of evidence application of appraisal conclusions and use of foreign experience for reference, this Paper tries to make systemic analysis and discussion of basic issues of the evidences of appraisal conclusions, such as essential characteristics, qualification of evidence, probative value and application procedures of appraisal conclusions, and existing issues on theories, legislation and practices in respect of examination and recognition of the science of appraisal conclusions. This Paper comprises three parts of Introduction, Main body of nine chapters and Conclusion, totally about 300,000 words.In the Introduction, author introduces the background, meanings and methods of this study. Appraisal conclusions, as scientific evidences, are taking more and more important effects upon legal procedure activities. However, evidence rules applicable to the appraisal conclusion application are blank field on legislations of China. And appraisal conclusions also become "King of Evidence" in judicial practice, which is blindly adopted by judicial personnel. Therefore, study on application issues of appraisal conclusions and countermeasures will be very meaningful to legislation expostulation, judicial instruction and enrichment of theoretical research.Chapterâ… : "Analysis of Judicial Expertise".This chapter re-explains the titles and concepts of judicial expertise on the basis of systemic review and analysis of all opinions concerning the titles and concepts. The chapter points that, during different legal activities, expertise becomes judicial expertise in the judicial nature because of different regulations under law systems due to relevant legal binding. Due to strict restriction in procedure rules and the impediment from the value of justice efficiency, judicial expertise has the character of suits. Combination of judicial objectives and scientific means is the essential nature of judicial expertise.Chapterâ…¡: "Analysis of Evidence Application of Appraisal Conclusions". This chapter specifies essential aspects concerning definition, characteristics and functions of the appraisal conclusions based on the broad sense of the application of appraisal conclusions, and reviews the historical track from the view of comparison, which is the foundation stone for study on appraisal conclusion application. Therefore, the chapter analyzes the static evidence attribute of appraisal conclusions, such as objectivity, relation and validity, and the dynamic course of the appraisal conclusion application, and then confirms there are three stages of the appraisal conclusion application, namely, collection of appraisal data, formation of appraisal conclusions and verification of appraisal conclusions.Chapterâ…¢: "Qualification of Evidence and Probative Value for Appraisal Conclusion".The qualification of evidence and probative value are core elements concerning application of appraisal conclusions. On the basis of the connotation of the qualification of evidence and probative value for appraisal conclusion, the chapter reviews the regulations of two law systems on the qualification of evidence and probative value for appraisal conclusions, and analyzes the current legislation situation and existing issues concerning relevant regulations of that in China and discusses the necessity for standardizing the qualification of evidence of appraisal conclusion. In the end, the chapter suggests that the regulations on the qualification of evidence should be based on such key elements as the necessity, relations and scientific reliability of the appraisal, the subject competency, the justice of appraisal procedures, the lawful source of appraisal data, and other rules on the probative value for appraisal conclusions regarding non-predefined and prior evidence force, prohibition of the level of probative value, and open discretional evaluation of evidence.Chapterâ…£: "Issues and Countermeasures on Scientific Judge Standards for Appraisal Conclusions". The chapter discusses, based on the analysis of the meanings and difference between scientific technology and appraisal science, the necessity of demarcating science of appraisal conclusion evidence from non-science and teases the general demarcation standards for science from non-science and the judgment standards of foreign evidence laws on the science of appraisal conclusion. From the view of the current situation and existing issues of judgment standards for the science of appraisal conclusion in China, the chapter confirms that "utilization of modern scientific achievements and prevention from non-scientific appraisal conclusions into judicial procedures to a maximum extent" should be deemed as the value choice of judgment standards for the science of appraisal conclusion, suggests the improvement countermeasures for China's judgment standards, and introduce the expert auxiliary system and the scientific knowledge training system for judge appraisal as the guarantee for implementing the judgment standards for appraisal conclusions.Chapterâ…¤: "Issues and Countermeasures on Appraisal Data Collection". The chapter introduces the effects of appraisal data upon the reliability and validity of appraisal conclusions and the necessity of study thereon after analyzing several typical cases. From the view of existing issues on rules of appraisal data collection under China's Criminal Procedure Law, the chapter analyzes the causes therein and puts forward countermeasures how to improve, especially, special requirements for collection of appraisal data in respect of physical body and materials.Chapterâ…¥: "Issues and Countermeasures on Qualification for Appraisal Subject".The chapter elucidates the connotation and extension of appraisal subject and specifies the appraisal subject as a natural person expert. After reviewing the qualification for an expert under different procedure systems and analyzing the present situation and issues of the expert qualification certification system in China, the chapter suggests a system under which the "professional, practice and legal qualifications" will be deemed as expert qualifications, and controls the due implementation of expert qualifications.Chapterâ…¦: "Issues and Countermeasures on Appraisal Procedures". The chapter discusses such issues as appraisal start-up procedure, appraisal implementation procedure, appraisal conclusion cross-examination procedure, multiple appraisal and reappraisal based on the definitions on connotation and extension of the appraisal procedure. Under comparing foreign rules author anatomizes issues in each tache of procedure in China, and then puts forward relevant countermeasures. Regarding appraisal start-up model, the chapter suggests the "start-up model combined with inquisitorial model and adversary model", advocating that appraisal procedure shall be open to the public and strengthen the participation of both the prosecuting party and the defending party, and establishes the Court Testimony System of Forensic Experts and sets up a normative constitution on multiple appraisal and reappraisal in practice.Chapterâ…§: "Discussion on System of Evidence Rules for Appraisal Conclusion Application" .The chapter summarizes the contents of the chapters mentioned above. Study on the application issues of appraisal conclusion aims to work out evidence rules for appraisal evidence application. Based on analysis of issues in the application and its improving countermeasures as mentioned above, this chapter summarizes the system of evidence rules for the application, including the rules of evidence collection on appraisal conclusion application, the rules of appraisal start-up procedure, the rules of appraisal implementation procedure, the rules of appraisal conclusion cross-examination, the rules of scientific judge standards on appraisal conclusions, and the rules of qualification of evidence and probative value of appraisal conclusions.Chapterâ…¨: "Issues and Countermeasures of Several New Appraisal Conclusions Application" .The chapter studies several new appraisal conclusions, mainly including applications of appraisal conclusions on DNA, psychology test and sound wave. As application of each new technology to the judicial field will lead scientists and jurists to think over, restrain and supervise the application, and this chapter aims o discuss and studies the application issues for several new appraisal conclusions in procedure law from the legal standardization view.