The Appucation Of Opinion Evidence Rules In The Criminal Judicial Practice

The rules of opinion evidence is witness testimony standardized by Anglo-American law of evidence. Common law countries divide witnesses into two kinds:lay witnesses and expert witnesses. Generally, lay witnesses can only state theirpersonal experience of truth, and their inference and judgment based on observedfacts will be excluded because they are inadmissible. However, expert witnesses’inference and judgment based on professional or skilled knowledge are usuallyadopted. At present, opinion evidence in criminal justice is mainly characterized bywitnesses testimony and expert opinion. Opinion evidence, as an important form ofevidence, is abused in different levels, mainly including，blind pursue appraisalopinions, being ambiguous in application of opinion evidence of lay witnesses.Criminal justice adjudication is greatly affected by public opinion. Therefore,frequency of all kinds of unjust, false and erroneous cases causes really bad influencein society.In order to standardize the use of opinion evidence in the criminal justice, thepaper analysis rfom the perspective of opinion evidence rule and on the basis ofreferring extrafield, application experience, the concept of OER is put forward andperfected in criminal justice. First, perfect the basis of law in the operation of opinionevidence rule, from the perspective of evidence referee system and proceduralsanction system; Second, put forward specific countermeasures of the rational OERapplication in evidence rule system, which is demonstrated rfom two aspects:detailing the procedural regulation of opinion admitted evidence identification andstandardizing general admitted evidence opinion. Last, aiming at the abuse of publicopinion in our current criminal justice. The paper expounds opinion evidence ruleapplication of public opinion rule so as to achieve rationale regulations and rules ofthe impact on public opinion in China’s criminal justice.