A Brief Analysis Of The Reform Of Criminal Judicial Appraisal System In Our Country

The judicial appaisal comment plays a vital role in solving the specialized problems involved in case facts in the investigation stage, review and prosecution stage and trial stage of criminal action. The judicial appraisal comment is a special form of evidence which must be verified to be true so as to be regarded as the evidence of verdict. Currently, the appraisal comment, in which there exists the perversion of the truth, is not completely accurate. Therefore, there are still divergency of understanding in the law evidence and the evidence effect of judicial appraisal comment. For so many causes, the cross-examination to the judicial appraisal comment has become a mere formality, which should make the law evidence and the evidence effect of judicial appraisal conclusion awared correctly. In the judicial practice, the relative lagging of the appraisal comment legislation, the lacking of standards for the design, the appraisal implementation and the monitoring procedure of judicial appraisal starting procedure and the relevant cross-examination and authentication rules of procedure, makes the applicability of appraisal comment in criminal action restricted and also reduces the significance of appraisal comment in criminal action. Aiming at the above problems, our country officially introduced "The Decision on the Management of Judicial Appraisal by the NPC Standing Committee" on 28 February, 2005, which has standardized the judicial appraisal procedure. This "Decision" clearly specifys the qualification of the appraisers, the equality of the appraisal organizations, the administrative organizations of judicial appraisal, the restriction of appraisal business and the appraisers' obligation to appear in court and legal liability, guarantees the validity and accuracy of the appraisal comment in a certain extent, and discusses how to effectively implement the appraisal and conduct the cross-examination and authentication from the perspective of legislation. In this thesis, by utilizing the foreign countries' successful legislation and experience, the author deeply dissects the problems existing in the application of our country's criminal judicial system, puts forward some proposals for completing the starting, implementing and supervising of judicial appraisal plus the cross-examination and authentication procedure of judicial appraisal in our country, and deeply explores into how to guarantee the validity of appraisal comment and complete the criminal judicial appraisal system.