Expert Conclusions Apply Under The Criminal Suit

Due to the introduction of adversary system, the trend in development of judicial expertise system shall be the socialization of establishment of judicial expertise authorities. In fact, each of the parties litigant is entitled to employ the relevant judicial expertise authorities for authentication of its own decision time and again. Consequently, each of the parties litigant may apply the court for authentication over time in order to obtain a beneficial expert' conclusion to itself, which shall make investigation and adoption of expert' conclusion in difficulties. Additionally, investigative organ is authorized to establish judicial expertise authority to meet the requirement of investigation. The expert' conclusion made by the investigation organ is sometimes paramount to all others unreasonably due to the current criminal procedure system. Therefore, how to adopt the expert' conclusion as evidence used to determine a case in the course of criminal proceedings now confronts us.Upon interpreting the concept of expert conclusion, comparing and analyzing the different procedures regarding expert' conclusion cross-examination and attestation which respectively belongs to Anglo-American law system and Romano-Germanic law system as well as analyzing the shortcoming concerning the expert' conclusion approval, cross-examination and attestation in the course of our criminal proceedings, the author offers some suggestions of improvement of expert' conclusion approval, cross-examination and attestation procedures so that the expert' conclusion can play an important role in criminal procedure.In the first part, the author briefly discusses the definition, characteristics, classification and function of expert' conclusion in order to make out its importance for our criminal proceedings.In the second part, application of expert conclusion in criminal investigation, the author analyzes defects of authenticate system in the phase of criminal investigation, and offers some suggestions for perfecting our authenticate system.In the third part, application of expert conclusion in prosecution, the author discusses how to approve expert conclusion submitted by investigative organ.In the second part, expert conclusion cross-examination, firstly, the author discusses the concept, subject, content and significance of expert conclusion. Secondly, the author points out the shortcomings in the course of expert conclusion cross-examination of our country. At last, on the basis of comparative analysis of different cross-examination modes of two law systems, the author suggests establishing evidence disclosure system, strengthening expert examiner presence system, introducing professional assistant system, and improving cross-examination procedure to improve the procedure of expert conclusion cross-examination of our country.In the fourth part, expert conclusion attestation, after discussing the concept, inscapes, attestation modes, the author compares and analyzes the attestation system of two different law systems, and then aiming the status quo of expert conclusion attestation of our country, the author suggests that we should improve the expert conclusion attestation procedure in criminal proceedings with focus on judgment of the credibility and probative force of the expert conclusion.