The Criminal Evidence System Of Expert Opinion In China

As advanced developing of science and technology and more precise of professional division, more and more technical issues are concerned in criminal action inevitably. However, knowing all kinds of special techniques and knowledge is neither necessary nor possible to a judge, because the special technical issues should be decided by an expert. So, the application of expert evidence is an overwhelming tendency.Nevertheless, there is no rule about the system of the expert opinion as evidence in our current legalsystem. The single kind of expert's conclusion provided by the legislature is not accurate, and it can't supply the stringent demand of judicial practice. Those cases, in which we are not permitted or haven't any method to operate an appraisement, but in which there are some technical issues, can't be resolved without making use of expert opinion as evidence. So, it is necessary, by combining with Chinese national conditions and drawing lessons from the rational elements of the system of expert evidence in The Civil Law and Common Law countries, to set up the system of expert opinion as evidence of criminal action in our country, to establish the status of expert opinion as an independent sort of evidence, and to stipulate concretely the contents about the system which included such as: the rights of retaining and selecting an expert, the admissibility and relativity of expert opinion, the qualification of expert and its examination, the duty of expert as well as the mode of producing testimony etc., in order to supply the demand of judicial practice and fillinto the blank of criminal evidence law of our country.The dissertation consists of an introduction and four parts of text. In the introduction, the author illustrates with several groups of typical cases that the expert opinion has been used in judicial practice largely, and it plays a key role to fact-finding, although it is still not a sort of evidence affirmed by the criminal procedure code of our country. Should the expert opinion be applied in the criminal procedure? How to define it and use it normally? These questions are deserve to be studied. The first part of the dissertation discusses the definition of criminal expert opinion, indicates that the expert opinion discussed in this dissertation is neither expert's conclusion nor inclusive of opinions of expert in law. The second part involves the role of expert opinion in criminal action and those questions resulting from its applying in judicial practice. By analyzing, the author advocates that the expert opinion should be affirmed as a independent sort of evidence by legislature, and corresponding evidence system should be established in order to use it normally. The third part involves comparison of expert evidence system between various countries. The author believes that the research of comparison may be used for reference when we construct the evidence system of criminal expert opinion of China. The fourth part is about the author's conception of the Chinese evidence system of criminal expert opinion. This part discusses primarily several questions listed as below: several view points about establishment of evidence system of expert opinion, the value of this system and its principles, the conception about concrete contents of this system.