The Analysis Of The Expert Evidence Of The Cause Of H's Death On The Science Of Evidence Law

Expert evidence of cause of death plays a crucial role in cases of intentional injuries (causing death) and wilful murder which happen frequently . It has a great significance for the judging of the facts and the nature of these cases, for the correct application of law, for the identifying of guilty or not guilty and this guilty or another guilty, for acurate sentencing of criminal penalty, and for trying of supplementary civil litigation.In this paper, the author introduces a case of expert evaluation of cause of death in China's criminal litigation . After giveing an account of the way of the analysis, the author analyse the main problems of expert evaluation of cause of death that exist in China' s criminal litigation from the perspective of admissibility of evidence and proofing power of evidence in six parts as follows :Part I : The analysis of starting the procedure of expert evaluation . In this part , the author points out the problems and the causes of these problems that exist in the starting procedure of expert evaluation in China' s practices of criminal proceedings . The author analyses the influences of starting procedure of expert evaluation on admissibility of expert evidence and proofing power of expert evidence . The author sums up the characteristics and defects of the system of starting procedure of expert evaluation in China' s criminal procrdure .Part II : The analysis of competency of expert witness . In this part , the author looks into how the competency of expert witness affects the admissibility of expert evidence and the proofing power of expert evidence . Considering the case ,the author points out the problems and their bad influences which exist in China' s system of competency of forensic medical expert witness . The author also points out that we should learn foreign country's good practices and experiences on the systems of the competency of forensic medical expert witness .Part III : The analysis of the neutrality of institution of forensic sciences . In this part , the author points out how the institution of forensic sciences affects admissibility of expert evidence and proofing power of expert evidence . The author looks into the relationship between the neutrality of institution of forensic sciences and the neutrality of expert witness. The author points out the fact of unneutrality of institution of forensic medical sciences and the unneutrality of forensic medical expert witness in China' s criminal procedure . Considering the facts of the case , the author mainly looks into the negative influences of such unneutrality on the actions of forensic medical expert witness in China's police station , and the negative influences of such unneutrality on the proving power of expert evidence of cause of death . Considering the case , the author looks into the negative influences of the adhering institution of forensic sciences to court of law on the evaluation of the proofing power of some expert evidence . Finally , the auther introduces the major developed countries' good practices on the neutrality of institution of expert evaluationt on cause of death in criminal procedures.Part IV : The analysis of implementating of test and expert evaluation . In this part, considering the facts of the case, the author looks into the influences of implementing of test and expert evaluation on the proving power of expert evidence of cause of death from the perspective of the object of expert evaluation,the samples of expert evaluation and the implementing of test and expert evaluation .Part V : The analysis of the basis of expert evaluation, the following of principles of expert evaluation and the demonstration in the report of expert evaluation .In this part , closely considering the facts of expert evaluation of the case , the author looks into the negative influences of the basis of expert evaluation,the following of principles of expert evaluation and the demonstration in the report of expert evaluation on the proving power of the expert evidence of the cause of death of the case , and the negative influences on the judgement of the first-instance court of law . And then the author looks into the negative influences of the demonstration in the report of expert evaluation on the proving power of the expert evidence of the cause of death by using large space .Part VI: The analysis of stating of expert evidence . In this part , the author looks into the influences of unclearence of statingof expert evidence on the evaluation of the proving power of the expert evidence of the cause of death . In this paper, the author mainly looks into how the above six problems negatively affect the admissibility of the expert evidence of cause of death or the proofing power of the expert evidence of the cause of death . In this paper, using the expert evidence of the supreme court of China and the first-instance judgement of the case as an example , the author deeply looks into the far-reaching negative influences of the expert evidence of the cause of death which has the admissibility of evidence but has the very low proofing power of evidence on the substantive judgement of the case .In this paper , the author not only reveals some of the problems which exist in the selected case and the causes of these problems , but also makes readers grasp comprehensively and deeply the substance of these problems of expert evaluation of cause of death in China' s criminal proceedings , makes them more clearly recognize the bad influences of these problems . Through this paper ,the author intends to arouse the people , especially the colleagues of judicial and academic professionals , pay great attention to these problems . The author also hopes that all people work together to promote the solvement of these problems .