The Rule Of Judicial Expert Appearing In Court To Test Proof Analyze

Justice conclusions are the upper evidence of procedural law. At the same time, criminal procedural law requires that all the proof must be test in the court. But in actual judicial practice, the proportion of judicial expert appears in court is quite low, far removed from legislative intentions. From the point of jurisprudence, the difference is so big between the real law and the law, all though law can not be same to the real law, law's completely contrary to the real law, there must be some problem in the process of the law implementation. This passage will analyses the reasonable factors of judicial expert appearing in court and the reason of the low proportion, try to find ways to improve the identification of the person's appearance. There are four parts in the passage:The first chapter from the theoretical point explains the legal action position, name, legal action function of judicial expert, introduces the rules of continental law system and common law system. Meantime, Compare different points between our law and tow law system in the legal action position and legal action function.The second chapter analyses the reason of judicial expert do not appearing in court. Including the law is imperfect, the traditional ideas of judge and parties, and the affects between judicial expert do not appearing in court and legal action efficiency.The third chapter analyses the necessity of judicial expert appearing in court. Above of all, from the law theoretical point explains that judicial expert appearing in court is the require of examining the eligibility of evidence an ability of evidence, all so is the require of due processes. Point out the default of judicial expert do not appearing in court.The fourth chapter provides a few ideas about judicial expert appearing in court. Firstly, build the mandatory request; Secondly, construct perfect judicial expert responsibility system. Thirty introduce cross-examination to the inquiry of judicial expert. The fourth establish the rule of accepting evidences. The fifth create auxiliary expert system. The last, create perfect rights and interests ensures system.With the development of the procedural law theory, there are the trends of complement each other in two law systems. Evidence believed system is not develop isolated, there are the trends of complement each other too, judicial expert appearing in court system will develop with the development of procedural law theory.