Several Major Issues On Expert Testimony In Criminal Prosecution

Compared to other developed countries, China's Criminal Procedural Law on the judicial system and the expert testimony is small and poor operational practice, there are many problems to solve ill-treatment have a serious impact on the achievement of justice, from the conclusions of this paper, the concept and the related basic theory, the paper analyzed the conclusions of the evidence and the ability to prove, on the conclusions of the review, and to address our criminal proceedings resulting in the identification of the weaknesses that exist in conclusion, we identified in the existing systems, should have a correct understanding of the status of the evidence and conclusions of the parties in the identification stage of the proceedings right conclusions from the process to ensure a legitimate and fair. Identification of means should make full use of judicial review judgment evidence that the timely identification of controversial facts, the evidence should play its proper role in the findings. This paper is divided into three chapters :Chapter 1 Introduces the concept of the expert testimony, characteristics of the basic theory, analysis of the criminal proceedings, the formation process of the expert testimony.Chapter 2 Investigate the validity of the findings. Analysis of the ability of the expert testimony and the ability to prove the identity, and thus summarized the conclusions of the review of the methodology, and review elements of the review process.Chapter 3 Through comparison of the relevant provisions of the foreign law, criminal practice on several major issues concerning the conclusions of the theoretical analysis and summary. And the combination of theory and the conclusions of the effect of the evidence put forward ideas to resolve the issues related to this writer.