The Surveyor To Appear In Court Cross-Examination Research In Our Country

The new "Criminal Procedural Law" which started implementing on January1,2013make the rules as surveyor to appear in court to testify, has importantsignificance to perfect the surveyor cross-examination system in our country. Themeaning of the surveyor to appear in the court cross-examination system is that thesurveyor appears in the court according to the court trial notification, to identifyissues relating to this case and answer questions. Expert opinion although has certaintechnical content and scientific property, it still is a product of artificial subjectively,and inevitably causing defects even error because of the appraiser’s professional leveland technical equipment such as subjective and objective reasons. Thus, the expertopinion, as an important evidence of lawsuit, must be examined strictly. Despite thesurveyor to appear in court cross-examination system exists in our country, but thesystem is not perfect so it is difficult to play a practical role. At present, the surveyorto appear in the court cross-examination rate is very low, even the surveyor to appearin court cross-examination mostly become a mere formality. Challenge the validity ofthe surveyor didn’t appear in court, on the one hand, the parties may asked to identifybecause they cannot remove the liminate for evaluation scientific and authenticity ofthe expert opinion, unnecessary repeat identification is a waste of judicial resourcesand reduces the efficiency of lawsuit;on the other hand, if no appraisercross-examination,it will be difficult to find whether there is any error. If directevaluation may lead to cases of wrongful convictions, which affects the judicialjustice and judicial authority. For the improvement of the system of surveyor toappear in the court cross-examination,should begin from many aspects, both in thelegislation gives the rights and obligations of surveyor to appear in the courtcross-examination, clear the exceptions to the surveyor didn’t appear in court andlegal liability. Even at the same time to improve the cross-examination procedure andthe establishment of "expert assistant" system, perfect the economic compensationand personal property safety protection mechanism and related system for thesurveyor to appear in the court.