Several Issues On Criminal Case Judicial

Criminal case judicial expertise is an activity that the experts use the sciertific technology or special knowledge to authenticate and identify the special maters in the criminal procedure and provide an expert opinion. Criminal case judicial expertise is a very important special work in the whole criminal proceedings. It has the function that cannot be replaced in a criminal case. Judicial expert conclusion is one kind of the evidence in a criminal case. And it is the important foundation by that the people's court to find the case's fact, to cognizance the case's nature and to give a proper punishment fits the crime.Criminal case judicial expert conclusion only have something to do with the science and technology itself, rather than with the character of the expertise organizations, ranks and titles of experts. A scientific expert conclusion would not change because of different experts, different places or different time to authenticate Criminal case judicial expertise is only of scientific nature rather than of authoritative nature. Criminal case judicial expertise should value and obey the science. The expertise made by the expertise organization at a lower level shouldn't obey the expertise made by the expertise organization at a higher level, and minority shouldn't submit to the majorty. We should make our choice from the many different expert conclusions on the basis of examing and judging the legitimate and scientific of each conclusion by the way to examin the evidences. We shouldn't choose those which are drawn by so-called authoritative units simply. According to the relationship between the expert conclusions and other evidences, the expert conclusions drawn through legal procedure have the same legal effect with other evidences in form. First all of them have to be examined and verified and then be considered an verdict basis. They do not have the status of priority or obiligatory to adopt first and certainly.We can remedy our shortcoming with others good points. The experience on making laws for criminal legal expertise abroad should be used as reference to rebuild the system on criminal legal expertise by our country. In the world today, the difference on the system of criminal legal expertise is decided by the character of the judicial procedure of civil law system and common law system. Minewhile there are disparities on the system of criminal legal expertise between the two law systems, they have made detailed provisions concerning the matters of the system and procedure for the administration and division of the legal expertise orgazization, the right to start and decide the legal expertise, the qualifications for the experts, the rules serving as a witness at court for the expert, the legal effect of the expertise conculusions. There is a very important meaning on perfecting the system of our country's criminal case judicial expertise by means of comparing the advantage and low quality between the two kinds of law systems.Lots of deficiency and vacancy still exist in China's criminal case expertise. The laws on criminal case expertise have been made sluggishly. The organizations of expertise set up layer upon layer, and they are tarring on in a mess. It is lack of a scientific and resaonble system of the experts. And it is lack of provisions on the legal expertise procedure. For a long time past, the organizations of expertise regard it as the ultimate aim to issue an expert conclusion,and the experts served as a witness at court rarely. Because the expert doesn't serve as a witness at court, the judges adopt the expert conclusions at will. Concerning on our today's system of lawsuit, the society's economy and the background of civilization, we should base ourselves upon our national conditions to rebuild our national criminal case legal expertise on fields the following: establishing scientific, neutral and just expertise's organizations; carrying on the countrywide and unified examination for the qualifcations of the experts separately according to the different expertise kinds; strengthening the administration of the experts by making laws, stipulating the experts's right and duty, building up the system of investigating and affixing the responsibility and conforming the expertise procedure to the standsrd.