The Research On The Examination Procedure Of The Criminal Expert Opinion

The evidence is the core issue of the litigation, all litigation activitiesaround the collection and utilization of evidence are critical. as animportant form of evidence, the criminal expert opinion in which expertconclusion is playing an increasingly significant role. According to thelegislation, expert opinion must be verified before as the basis for judge’sdecision in the court, but in the criminal litigation practice in our country,the judge is so helpless while facing how to judge the expert opinion.There is a comprehensive set of evidence rules and operationprocedure to the admissibility of expert testimony in the Anglo-Americanlaw system. Although there are few rules to control the credibility ofexpert’s conclusion in the Civil law system, they have more stringentrequirements for the judge to adopt an expert opinion. In contrast, thereare many defects in the admissibility of expert opinion in China, We should construct the admissibility rule of expert opinion in criminalprocedure from the necessity, reliability, the hearsay rule and the rule ofexcluding illegal evidence, to find the fact by setting the detailed rules ofcross-examination and the process of criminal trial lawyer examinationsystem, and to ensure its effective work by establishing theevidence-discovering system in front of the court, strengthening thesystem of cross-examining expert witnesses and setting up the system ofcriminal expert auxiliary.