The Application Of The Appraisal Conclusion Procedure In Criminal Lawsuit Research

Criminal Procedure Law of the People’s Republic of China rarely involves the application of expert conclusion, except a few simple and principled articles. Thus, there are many Issues in judicial practice, such as the examination of expert conclusion becoming a mere formality, the rights inequality between the prosecuting party and the defending party, and cross-examination procedure to exist in name only, the judicial actually becoming "judges of the science". These issues caused by the lack of the related legal, and were closely linked with our traditional model of proceeding and the overall quality of judicial personnel. In judicial practice, the issues often cause confusion and errors of judges in the examination and verification of expert conclusion, in extreme cases, make expert conclusion become the lethal weapon of violating human rights from the powerful evidence for the fact. Therefore, it is necessary to deeply study problems of the application of expert conclusion in criminal lawsuit. The author intends to explore the reform direction of expert conclusion application procedure, include examination procedure and certification procedure, and expect to provide helpful suggestions for judicial practice.This thesis includes four chapters:In the first chapter, the author briefly discusses the definition, characters and credibility of expert conclusion, in order to make out its importance for our criminal lawsuit and introduce the sense of study.In the second chapter, examination procedure and certification procedure of expert conclusion both in civil law countries and in common law system countries are summarized, this provides theory references for improving our application procedure of expert conclusion.The third chapter reveals the issues of our expert conclusion application procedure in criminal practice, and mainly analysis from two aspects, the examination procedure and certification procedure.In the last chapter, the author refers to the overseas experience and unifies our country the national condition, then puts forward the concrete ideas to improve the reform of our expert conclusion application procedure.