Legal Control Of Errors In Criminal Judicial Expertise In China

Judicial expertise is the important safeguard of judicial activities conduct smoothly, but also essential part of the lawsuit system and the evidence system.Judicial expertise itself is highly technical and regulated activities, but also error-prone activities. Factors that cause the wrong may exist in all aspects of expertise. If there is problem in one aspect of expertise, it may lead to erroneous conclusions, and it's difficult for ordinary people to find and rectify the erroneous cases. Meanwhile, technology itself is by no means determined completely and undisputed, together with problems of the experts, such as level, ability and professional ethics, in reality, there are a lot of errors in judicial expertise.At present, the research on errors in judicial expertise carried out by China's Criminal Procedure and Evidence Act still remains in the case studies and phenomenon description. Although it may consist of useful ideas, it failed to keep pace with the needs of judicial practice. Justice practitioners are also actively exploring various countermeasures to avoid or reduce the errors in judicial expertise. But the expert opinion's scientific nature and accuracy can not often be guaranteed because of the influences of objective factors, such as material extraction and preservation measures, the questioning witnesses procedure, identification method, identification technical equipment as well as subjective factors, such as the expert vocational level,working ability, the sense of responsibility and so on influence. Facing the expertise errors appearing repeatedly, the judicial authority as if is also at a loss. This kind of error appearance has departed from the original intention of criminal appraisal system obviously, which not only has harmed the credibility of appraisal conclusion and the judicial referee and wasted the social resources, but also may bring new inequality and injustice.The author's has carried on an analysis and reflection on some typical appraisal errors materials home and abroad, summarized forensic practice the pattern of errors produced by carding, analysis of the rule of the appearance of judicial expertise errors and analyzed subjective and objective factors of expertise errors. The subjective factors largely caused by experts intentionally false verification. The objectivity stems primarily from samples extraction and preservation missing, the shortage of the litigant's right to take part in the identification procedures, the virtual set of questioning witnesses procedures of appraisal conclusions and the accrediting body measurement authentication system's flaw, and so on.The author proposes countermeasures to prevent expertise errors occur, such as the establishing material extraction and preservation measures, entitling the litigant to participate in the identification procedures, improving questioning witnesses procedures of appraisal conclusions and structuring the accrediting body measurement authentication system. Finally, the author gives some suggestions to remedy errors in judicial expertise.