Expert Conclusions Certification System - Criminal

Evidence is the basis to prove the fact of a case, evidence is the core in a lawsuit. The whole litigation in fact goes along encircling the collection and exertion of evidence. Nowadays the material evidence and the scientific evidence have been the main aspects of judicial testification. The appraisal conclusion has been playing more and more important role in the litigation. But the appraisal conclusion doesn't necessarily have the qualification as evidence and its proof force is not necessarily higher than other kinds of evidence. This article focuses on the system of the attestation of appraisal conclusion, researches on the relative questions of this system, in hope of clarifying the misunderstandings of the attestation of appraisal conclusion in judicial practice and correctly guiding the judicial practice. Altogether this article is divided into three parts.The first part: summarization of the attestation of appraisal conclusion. The author researches on the origin and definition of the word "attestation". Thereinafter the author expounds on the necessity of attesting appraisal conclusion from two aspects: the attributes of appraisal conclusion and the evidential status of it. The author holds that the attestation of appraisal conclusion is not equal to intime conviction of appraisal conclusion. Finally the author introduces the deficiencies of the system of the attestation of appraisal conclusion in China.The second part: the system of the attestation of appraisal conclusion in both Common Law system and Civil Law system. In the Common Law system there are perfect rules on evidence, which regulate the qualifications of evidence at large. Appraisers are looked on as "expert witness" who should appear in court and receive cross-examination. While the judges use several rules such as Exclusionary Rule to judge in the court whether the appraisal conclusion has the qualification as evidence. In the Civil Law system the appraiser is allowed to submit the appraisal conclusion and not to appear in the court.The third part: perfection of the system of the attestation of appraisal conclusion in China. To perfect the system of the attestation of appraisalconclusion in China, we should focus on how to perfect the rules, basises and means of the attestation of appraisal conclusion. First, the appraiser should appear in court, which is the premise of the attestation of appraisal conclusion. Second, to perfect the system of cross-examination is the basis of the attestation of appraisal conclusion. Third, to establish the integrate rules on evidence and standards is the accordance of the attestation of appraisal conclusion. Finally attestation in the court combined with attestation after reviewing is the appropriate way to attest.