Research On The Admissibility Of Criminal Expert Conclusion

The development of modern science and technology leads to application and expansion of judicial expertise in criminal proceedings, in which expert conclusion is playing an increasingly important role. As an opinion evidence, the fact-finding of the judge, we find, is conclusion based on the facts by use of discretion. The risk and importance of expert conclusion promote people to explore the rules to regulate the qualification of expert conclusion. What is concerned of qualification of evidence is the admittance of evidence in criminal proceedings, namely, what kind of criminal evidence could be adopted by the court in criminal proceedings, which are called"admissibility"in the Anglo-American law system and"evidence of capability"in the Civil law system. There is a comprehensive set of evidence rules and operation procedure to the admissibility of expert testimony in the Anglo-American law system. Although there are few rules to control the credibility of expert's conclusion in the Civil law system, they have more stringent requirements for the judge to adopt an expert testimony. In contrast, there are many defects in the admissibility of expert conclusion in China, for example, there are no purely legal rules of admissibility, only some provisions about the abstract requirements to the appraisal conclusion. The adoption of the expert conclusion is somewhat chaotic in practice. According to the problems existent in the admissibility of expert conclusion in China, and the developmental trend of judicature in morden country, it is necessary to confirm some essential provisions about the admissibility of experts conclusion, retain some essential discretion to the judge, and set up a set of comprehensive, systematic and authoritative rule system of the admissibility of identification conclusion. We should construct the admissibility rule of experts conclusion in criminal procedure from the necessity, reliability, the hearsay rule and the rule of excluding illegal evidence, and to ensure its effective work by establishing the evidence-discovering system in front of the court, strengthening the system of cross-examining expert witnesses and setting up the system of criminal expert auxiliary.