| Criminal case judicial expertise is an activity that the experts use the sciertific technology or special knowledge to authenticate and identify the special matters in the criminal procedure and provide an expert opinion. Criminal case judicial expertise is a very important special work in the whole criminal proceedings. It has the function that cannot be replaced in a criminal case. Judicial expert conclusion is one kind of the evidence in a crimial case. And it is the important foundation by that the people's court to find the case's fact, to cognizance the case's nature and to give a proper punishment fits the crime.Diversified criminal case judicial expertises resolve complex kinds. The goal of criminal case judicial exprtise is to deal with the special matters of the criminal case. The classification of judicial expertise should fit the classification of the special knowledge that shall be used. Criminal case expertise can be separated into six kinds: medicolegal expertise, pnysical technology expertise, forensic psychiatry expertise, legal accounting expertise, legal construction technology expertise, legal commodity expertise.Criminal case judicial expert conclusion only have something to do with the science and technology itself, rather than with the character of the expertise organizations, ranks and titles of experts .A scientific expert conclusion would not change because of different experts, different places or different time to authenticate. Criminal case judicial expertise is only of scientific nature rather than of authoritative nature. Criminal case judicial expertise should value and obey the science. The expertise made by the expertise organization at a lower level shouldn't obey the expertise made by the expertise organization at a higher level, and minority shouldn't submit to the majorty.We should make our choice from the many different expert conclusions on the basis of examing and judging the legitimate and scientific of each conclusion by the way to examin the evidences. We shouldn't choose those which are drawn by so-called authoritative units simply. According to the ralationship between the expert conclusions and other evidences, the expert conclusions drawn through legal procedure have thesame legal effect with other evidences in form. First all of them have to be examined and verified and then be considered an verdict basis. They do not have the status of priority or obligatory to adopt first and certainly.Legal expertise came into being with the appearance of slavery countries, expecially after the countries had the legal activities, hi Codo of Hammurabi drawn up in as early as in 18th century B.C., the stipulace about legal expertise and inquisition to the guilty place could already be seen. Around the 15th century A.D., along with the bourgeoisie revolution began and the productive forces developed at full speed, biology, chemistry,physics and mathematics etc. gained an enormous adance. It had provided tremendous motive force to the originning and developing for many kinds of the legal expertise such as the forensic medicien, thumb print, imprint and handwriting etc..China is one of the civilized countries with a long history. In 2000 B. C, country and laws had been taken shaped in Xia Dynasty. Because of the cause of death and the degree of damnification and so on were frequently met in the lawsuit, the court engaged the man who had medical knowledge to help judging, and the legal expertise had sproutd up in the 6th century B.C.. In the ancient China, many kinds of legal expertise had already been used in the suit, such as mark, fingerprint, document substance etc. Because of surviving the system of the feudaism ruling and low productive forces, that the level of our country's anciant legal expertise had been bogging down and hesitating for a long time. From the end of the 19 century to the beginning of the 20 century, the subjects of legal expertise such as forensic medicine, dactylography and technology had been transfered into China with western civilization. Aflter founding of the People's Republic of China (1949), the responsible institution began the work of legal expertise activity and academic research. Since the Third Plenary Session of the Eleventh Communist Party Central Committee. The professional work and academic research activities of criminal case were thriving and prosperous unprecedentedly. Some documents to adjust the legal expeitise were made by certain departments out of need. The Ministry of Public Security had formucated The Rules for Criminal Expertise, The Supreme People's Procuratorate had formucated The Rules of Work for Forensic Doctors ,The Ministry of Justice had formucated Procedures for Legal Expert andProcedures for the Registration and Administration Legal Expertise Organization, The Supreme Peeple's Court had promulgated Interim Provisions for the Peoples Court of Legal Expertise, except the provisions in the Criminal Procedure Law. These provisions had mitigated a predicament in the code of the lagal expertise to some degree. The Resolutions on the Matters of Legal Expertise promulgated by The Standing Committee of National People's Congress in Feb.28 2005(It is called The Resolutions merely at following) had made the provisons on the agument regulatory matters:such as the conception, classification, organization, condition for expert and the maintaining of the expertise organization of The Ministry of Public Security, The People's Procuratorate and the People's Court. This will provide a function of motive force for the legal expertise to stepping on a legal and standard road. However, The Resolutions has the tremendous defect and weakness. It is lack of the provisions on the matters of the legal expertise system and procedure, meanwhile, the provisions in The Resolutions is quite simple and principle very much, and it is lack of the laws and regulations that they can form a complete set. So that the awkward situation appaers in the operation sequence of legal expertise. On the view of overall situation, there isn't a countrywide, universal and more perfect law on legal expertise.We can remedy our shortcoming with others good points. The experience on making laws for criminal legal expertise abroad should be used as reference to rebuild the system on criminal legal expertise by our country. In the world today, the difference on the system of criminal legal expertise is decided by the character of the judicial procedure of civil law system and common law system. Minewhile there are disparities on the system of criminal legal expertise between the two law systems, they have made detailed provisions concerning the matters of the system and procedure for the administration and division of the leagal expertise orgazization, the right to start and decide the legal expertise, the qualifications for the experts, the rules serving as a witness at court for the expert, the legal effect of the expertise conclusions. There is a very important meaning on perfecting the system of our country's criminal case judicial expertise by means of comparing the advantage and low quality between the two kinds of law systems.Lots of deficiency and vacancy still exist in China's criminal case expertise.The laws on criminal case expertise have been made sluggishly. The organizations of expertise set up layer upon layer, and they are earring on in a mess. It is lack of a scientific and reasonble system of the experts. And it is lack of provisions on the legal expertise procedure. For a long time past, the organizations of expertise regard it as the ultimate aim to issue an expert conclusion , and the experts served as a witness at court rarely. Because the expert doesn't serve as a witness at court, the judges adopt the expert conclusions at will.Concerning on our today's system of lawsuit, the society's economy and the background of civilization, we should base ourselves upon our national conditions to rebuild our national criminal case legal expertise on fields the following: establishing scientific, neutral and just expertise's organizations; carrying on the countrywide and unified examination for the qualifcations of the experts separately according to the different expertise kinds; strengthening the administration of the experts by making laws, stipulating the experts's right and duty, building up the system of investigating and affixing the responsibility and conforming the expertise procedure to the standsrd. |
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