Study Of Expert Conclusions

As a series of cases occurred in recent years, more and more people pay attention to the expert evidence. Most of them aim at the insufficiency of expert evidence, which has received the unprecedented questions. Because of its content deficiency, there are lots of differences in the theory and the judicial practice. The author attempts to elaborate own viewpoint about the related question of expert evidence. This article can be divided into four parts, with approximately 30,000 characters.Part one: Outline of the expert evidenceAccording to the appraisal object, expert evidence can be divided into four kinds. The expert evidence has the producer particularity and the scientific nature. Its object is the case technicality question, and the solution is the fact question not the legal matter.Part two: Essence of the expert evidenceEvidence concept and defining of the evidence form are the premise of the essence of the expert evidence. It's more accurate that evidence is defined as the thing embodying the case fact information. The evidence should be the thing (generalized thing) at the first level, because anything does not exist in the world except the moving thing. Evidence can be divided into human evidence and the thing (narrow sense thing) evidence at the second level.Expert evidence is one kind of independent evidence form. It is the understanding of the expert to the correlated matter (appraisal object). It's the conclusion determining the correlated case fact. But it may not be separated from the expert and appraisal object and cannot exist independently. Thus in the lawsuit proceeding, expert and the appraisal object must be requested to the court, which will be investigated and questioned.Expert evidence has the vital role in the criminal procedures. First, it may help the judge to know the special question in the case and supplement judge's ability of understanding. Second, it can make certain evidences display its evidence value better. Expert evidence is the important method examining other evidence.Part three: Censoring of the expert evidenceExpert evidence isn't the sentence after all; therefore it should be censored earnestly. Expert evidence can be censored from expert, appraisal material, and appraisal equipment so on. There are some censoring methods, such as the investigation way, interpellation way, and the supplement appraisal.There are many problems in our expert evidence questioning. In view of all these problems, the author recognizes three aspects should be needed: First, construction of balanced reasonable questioning witnesses body structure; Second, establishment of criminal prosecution expert assistant system; Third, appearance of the expert in court to accept the inquiry.