System Of Judicial Expertise In Criminal Testify

Criminal Justice Expert Testimony in the course of the trial of criminal cases, the implementation of forensic expertise relevant to the case and come to conclusions of forensic expert witnesses involved in the trial process and expert evaluations related issues, identified in court presentation and accept both defense and prosecution asked the judge’s investigation of the litigation process. Criminal Justice Expert Testimony has a profound theoretical basis, criminal proceedings for both the prosecution and the defense rights (force) Lee theory of checks and balances, due process theory and the theory of direct hearing the necessity of Expert Testimony in theory. China’s three major procedural law have made provisions in principle, expert witnesses should testify in court and accept the cross-examination of the parties. As provided for in Article156of the Code of Criminal Procedure, the prosecutor, the parties and counsel, litigation agent permission of the presiding judge, to ask questions of witnesses, expert witnesses; judges may cross-examine the witnesses and expert witnesses.2007implementation of the General Principles of forensic procedures provisions of the existing judicial Expert Testimony. The Judicial Expert Testimony conducive to the realization of procedural justice, the protection of the legitimate rights and interests of the litigants. Civil law and common law system have emphasized that identification must appear in court to present its views, it is worth our reference. Our current criminal justice expert witness to testify at the system design level the following problems:identification of Criminal Justice to attend court system is not perfect; the forensic criminal court proceedings imperfect; criminal justice expert witness appear in court to ensure funding is not perfect; criminal justice expert witness not to testify lack of legal supervision. In the Judicial Expert Testimony judicial practice level, also exposed many problems:Criminal Justice Expert Testimony less; criminal justice expert witness to testify to the lack of timeliness; Criminal Justice Expert Testimony statement cannot be completely objective justice; criminal Justice Expert Testimony costs are not standardized; criminal Justice Expert Testimony increased risk. In view of this, we should start with system design and specific measures to improve criminal justice in China Expert Testimony System.