The Rationality Of Constructing The Opinion Evidence Rule In Our Country

The rules of opinion evidence are rules of evidence regulate thetestimony of witnesses. This rule is one of the important elements of theexclusionary rules of evidence. The rule if reasonably provisions in thelegislation and in judicial practice it in a reasonable manner, then this rulehas an important role to improve China’s system of rules of evidence, toidentify the facts of the case, the efficiency of the proceedings and todefend judicial justice.Rules of evidence in China’s construction consists of two main areas,construction of theory on the one hand；On the other hand is the programto build.In theory, first we need to clear the meaning of opinion evidencerules and analysis of the necessity of construction of opinion evidencerules. Abroad, the judicial application of the provisions of the rules ofevidence and the actual, on the establishment of rules of evidence is hasimportant implications and significance. Specifically, the witness isdefined in the rules of evidence, such as, the range of experts. Commonlaw countries, the view of the opinion evidence, such as, the reasons ofthe opinions by law witness are not being accepted, and the exceptions.The relevant provisions of foreign countries about the opinion evidence rules. And key to distinguish between "opinion" and "truth", and expertopinions (including the views of people with expertise in). Article factsmade an expanded explanation, builds on the reasonable perception of thewitness, confused with the actual experience of the fact, or that speculatejudging elements into their statements to "fact" within the context of,rather than as the exception to the rules of evidence and admissibility.Through the analysis，opinion evidence rules are summarized thespecific meaning, that witness statements only their own personalperception of things or facts, it contains speculative statement which,reviews belonging to the category, not to adopt, but otherwise except asprovided by law and the general life experience to judge the facts.In terms of build, for example, improve the pre-trial review system,witnesses and other supporting systems, specification of the judgmentswriting.