On The System Of Certification Of Criminal Expert Opinion

From the1950s science and technology are developing rapidly and are accompanied bya material evidence in judicial proof which plays a more and more important role, it can besaid that the judicial proof material evidence time has come.But material evidence is "dumb"evidence, which need to resort to various media reveals its evidence value. The judicialauthentication is revealed "suspicious objects" whether it has the important means ofevidence attribute, as it results in the appraisal opinions the role of the judiciary, is important.But criminal appraisal opinions have subjectivity, the possibility of errors in larger, so the factthat the trial was confirmed as right before can’t directly adopted. As a layman judge onlywith both sides of the debate to control expert witnesses cross-examination, evidence of rulesof admissibility to correct the system authentication. At present, our country criminal judicialpractice has a variety of demerits and problems,such as expert witnesses didn’t appear incourt, the criminal appraisal suggestions of the authentication is arbitrary and so on, this iscaused mainly by the authentication system defects, it must be eradicated as soon as possible,otherwise, it will endanger the achievement of reform which we have made.In the context of globalization, to other countries’ criminal opinions the authenticationsystem compared to our national conditions will adapt to the part of the absorption, and this isthe reality and possible way. This thesis expounds the concept and current situations, thecomparison research method of criminal identification authentication related concept, theory,common law and civil law of criminal identification authentication system opinion conducteda comprehensive paper, and finally to seek for providing some feasible suggestions ofimproving.Full text mainly contains introduction, body and conclusion three parts. The totalcharacters of this thesis is about32000.Introduction tells the criminal appraisal opinions play a great role in criminal judicialproof historically, the importance of authentication on the criminal appraisal opinions by thejudge, and summarizes the theoretical circles the main differences in criminal appraisalopinions authentication field, touches the thread of the paper.The first part is introducing the authentication of criminal identification opinion in thethesis. The author, through identifying the concept of appraisal,appraisal opinions of theconcepts and characteristics, puts forward the concept of criminal appraisal opinions,expounds the concept and types.Through the authentication concept of learning, and puts forward the criminal appraisal opinions of the concept and characteristics of authentication;The author thinks that the authentication of criminal appraisal opinions include the ability ofevidence and the proof strength two aspects. Finally, discusses the authentication of criminalappraisal opinions to the necessity of certification (including legal regulation and appraisalopinions of subjectivity) and possibilities.The second part is concerning two of the legal system of criminal appraisal conclusionauthentication system of comparison. Firstly, the Common Law countries criminal expertevidence of authentication system is discussed, including six aspects: the orientation of expertwitness of the role, the orientation of the nature of the expert opinion, the authentication ofthe expert opinion based-authentication cross-examination, the mode of the authentication ofthe expert opinion, in the judgment of admissibility of expert opinion, in the judgment of thestrength of expert opinion. One of the focuses is about the cross-examination system and theother is concerning the rules of admissibility of expert opinion,which include: CompetenceRule, Common Knowledge Rule, Basic Rule, Ultimate Issue Rules, Area of Expertise Rule(including Frye Test and Daubert Test).Secondly, it is concerning the criminal appraisalconclusion of authentication system, Civil Law System, which also includes six aspects: theorientation of the role of criminal expert witnesses, the orientation of evidence nature ofcriminal appraisal conclusion, the authentication of criminal appraisal conclusion based-ask,the model of the authentication of criminal appraisal conclusion, on the judgment ofadmissibility of evidence of the criminal appraisal conclusion, on the judgment of proof ofstrength of criminal appraisal conclusion. Lastly, evaluate the authentication system of thetwo law systems of criminal appraisal opinion of and use for reference. After evaluating theauthentication system of the two law systems of criminal appraisal opinion respectiveadvantages and disadvantages, to propose that we should be used for the reference.The third part is concerning of the authentication of our country criminal appraisalopinion of the present situation of description and improving suggestions. Present situationdescription includes: the ownership of right to start program of identifying, expert witnessesdoesn’t appear in court, the problem of criminal appraisal opinions of cross-examination, lackof authentication rules of criminal appraisal conclusion problem. Improving suggestionsinclude: improvement of the starting program right of criminal appraisal, mechanism ofimprovement to security expert witnesses in court (including perfecting responsibilityprovisions of expert witnesses did not appear in court and security provisions of expert witnesses in court), perfecting the program of the criminal appraisal opinions ofcross-examination, perfecting the authenticating rules of criminal appraisal opinionsprogram (including rules of admissibility of appraisal opinion (Illegal Evidence Rule,Common Knowledge Rule, Frye Test, Procedures Banned Rule) and the proof strength of therules of the authentication of the criminal appraisal opinions.Epilogue part, the author looks forward to the future of the criminal appraisal opinionsare put forward to China’s construction of the rule by law earnest expectation.