A Study On The Criterion Of Scientific Judgment Of Appraisal Opinion

As an independent type of legal evidence, the expert opinion is an important basis for the judge to find out the facts and identify the nature of the case. The criminal procedure law, the civil procedure law and the administrative procedure law of our country all have the examination and application of the expert opinions. But these general provisions did not take into account the particularity of expert opinion, the expert opinion often plays a key role to prove the facts of the case, the existing regulations cannot exclude unscientific expert opinion. At the same time because the scientific principle of expert opinion relates to medicine, biology, chemistry, psychology and many other fields, while the ordinary person for these little professional knowledge, so is the judge. So we must build a scientific evaluation standard of expert opinions of this tool, assists judges to evaluate expert opinion, ensure accurate application of expert opinion.Although there are differences between the two legal systems in the legal culture and legal system, there is no essential difference between the evaluation criteria of scientificalness of expert opinion, In the Anglo American law system with relatively complete expert testimony on scientific criteria, such as a representative of the Frye rule, the federal rules of evidence and a complete set of Daubert rule; and in the continental law system, less scientific judgment rules on expert opinion, Japan will identify the meaning see according to the theory and method of scientific validity as a review of the key factors, mainly by the Frye rule and Daubert rule radiation and influence and the establishment. No specialized legal norms for China on the expert opinion of scientific evaluation standard, only in the three procedure laws regulations, evidence shall be examination and cross examination without error can be finalized as a basis. Expert opinion is "science" of the characteristics, the general provisions of review of the evidence to screen out uncompleted science or pseudoscience expert opinion, cannot guarantee accuracy of the investigators. In judicial practice, the Supreme People’s Procuratorate, the Supreme People’s court in the form of examination for approval of the application of a certain identification technology, and cannot meet the increasingly complex needs of the litigation and easy to cause confusion in application, extremely easy to cause the miscarriages of justice, severely reducing expert opinion public letter force.Therefore, the author suggests in reference on the basis of Daubert rule, combined with China’s legislative and judicial status quo, the Supreme People’s court to judicial interpretation released in the form of unified evaluation criteria of the scientificainess of expert opinion, applicable to the field of criminal, civil and administrative litigation. The parties to the quality of evidence, the judge to review the opinions of the scientific basis for the scientific evaluation criteria. At the same time, improve the expert to testify in court system and expert auxiliary system and the establishment of the judge scientific knowledge training supporting system implementation, to ensure accuracy of expert opinion for the complete expert opinion to restore the truth, ensure accurately the sacred mission of investigators.