Our System Of Criminal Expert Evaluation

The system of criminal expert evaluation is an important part of the system of criminal procedures, which play an important role in verifying the truth of a criminal case. However, the current system of criminal expert evaluation in China has a crucial problem, which in some degree affects the fairness of justice. In the relevant legislation of China, the start-up rights of expert evaluation are totally under the control of investigative organizations and judicial organizations. The experts of criminal expert evaluation under above-mentioned organizations result in the deficiency of the ability of the evidence and the effects of the evidence. Under such circumstance, the manifoldness and dispersion of the system of criminal expert evaluation in theory change into unification and centralization.The article adopt comparative ways to systematically discuss the system of criminal expert evaluation, aiming at drawing attention and perfect the system of criminal expert evaluation when the Criminal Procedure Law is amending.First, the author generally describes and concludes the concept, characteristics and scope of the system of criminal expert evaluation in macro way.Second, the author gives a brief introduction of the development of the ancient system of the criminal expert evaluation and the contemporary system of criminal expert evaluation and emphasizes on analyzing the problems that exist in our current system of criminal expert evaluation.Last but not the least, the article comparatively analyzes the legislative situation of the system of criminal expert evaluation, the theoretical foundation and the development trend in the main countries and districts who adopt the main two legal systems. Based on the successful experience of foreign legislation and the situation of China, the author puts forward the specific legislative concepts.The most distinguishing characters of the article are as the follows:First, Study the system of criminal expert evaluation in the comparative way. The author mainly compare between the ancient and the current, the Common Law system and the Continental Law system to investigate the development trail and the legislation trend of the system of criminal expert evaluation.Second, the article raises the problem of paradox of the system of criminal expert evaluation in theory and criminal justice in practice. It is necessary to contain the expansion of the rights of criminal expert evaluation which the investigation organization exerts. At the same time, it is also necessary to contain the excessive market economy of the organization of social expert evaluation.Third, the article is aiming at improvement of the relevant legislation and criminal justice practice of China. On the basis of the comparative study of the system of criminal expert evaluation and the investigation in practice, the article mainly analyzes the deficiency of the current system of criminal expert evaluation of China and advances the specific legislative advice.