| Currently, in our forensic practice, duplicate identification, false identificationand many other issues that have a direct impact on litigation referee, leading toobstruction of Justice. The judicial expertise system’s reform in China has made someachievements, judicial expertise institution-building have certain results. However,forensic evidence system is in a fragmented state, lacking of system design. Courtreview was supposed to be the last line of defense of the use of expert opinion. Basedon this, starting with the evidence attribute, this paper analyzes the evidence attributesand connotation of the expert opinion. Carding China’s current legislation on thejudicial expertise and analysis of it with standard of judicial expertise rules ofevidence, the paper point out the defects. This article has taken a comparativeapproach that further study comparing the evidence systems of the expert testimony incommon law system with evidence systems of expert opinion in civil law system andtheir system development process, as well as the development trend. Of course theoriginal intention of this article would be the design of our identification of the rulesof evidence. Considering in the identification of practice in China, model of litigationsystem and regularity of forensic science, Proceed to design China’s expert opinionrules of the ability of evidence and the probative force.The expert opinion evidence rule contains Legitimacy, objectivity and relevance.Legitimacy, including appraisal subject and evidence form，the paper design systemsof the appraiser qualification and register of expert. Objectivity, including theneutrality of appraisal subject and legitimacy of identification procedure， theempanelling system of appraiser.The cross-examination rule of expert opinion，advocated the establishmentpre-trial discovery procedures, system of expert assessor, system on attendance ofAppraiser and methods for Cross-examination of expert opinion. |
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