China Is Criminal Judicial Appraiser Testifies System Research

The expert opinion is one of the important litigation evidence, as the impartiality of the trial results provide strong protection occupies an extremely important role in judicial practice.Judicial identification as a judicial expert opinion in judicial expertise provides the main body, the core position obviously, judicial appraiser testifies to accept both defense and prosecution cross-examination, accept investigation of judge, is to ensure that the appraisal opinions objectively important way, also is the important link of judicial identification. Although our country establishing the judicial appraiser testifies obligations, but as a result of litigation system, history, economy and other aspects of the causes of low rate of judicial expert appearing in court as a witness. In practice, judicial identification did not testify in court, the court only read appraisal opinion phenomenon becomes the norm, the equal right of cross-examination nominal. The court on expert opinion review also flows at the form, this will not only damage the legitimate rights and interests of litigants, and can not achieve the referee’s objective and fair. Prior to the "criminal law amendment (Draft)" was also heat to force the judicial appraiser, although in the end the criminal witness system modifications did not by force, but enough to prove the importance of judicial expert appearing in court as a witness, we on our judicial expert appearing in court as a witness has important significance on the research of.The paper is divided into four parts.The first part:the judicial appraiser testifies system overview. Mainly elaborated the judicial expert appearing in court as a witness to the general question, and the judicial appraiser testifies the necessity to carry on the analysis.The second part:Present situation and cause of the Criminal Justice Expert Testimony. China’s current judicial appraiser testifies situation mainly for the judicial appraiser rate is low, investigate its reason, from two aspects:subjective and objective author. Subjectively, judge, judge and parties have inadequate understanding and deviation; objectively, the law is not perfect, the lack of corresponding security mechanism and the absence of legal sanctions.The third part:the Two Expert Testimony system inspection. Inspection and Evaluation of the relevant provisions of the foreign expert witness court system. From the two main law systems expert qualification, rights, obligations, elective and punishment rules angle to carry on the discussion, analysis and comparison of the Anglo-American and continental law system countries in two expert appearing in court as a witness the similarities and differences, to provide references for the construction of the system of our country.The fourth part:criminal judicial expert appearing in court as a witness is perfect. In the analysis our country expert appearing in court as a witness and causes of the current situation, combined with foreign legislation and judicial practice and experience, put forward our country judicial identification access and starting mechanism, clear judicial appraiser exception, emphasizing judicial identification did not testify in court legal responsibility and the construction of judicial identification of human rights protection mechanism, for the improvement of China’s judicial appraiser testifies system put forward own opinion.