On The Establishment Of Improved Cross-Examination System Of Forensic Appraisers In China

With the rapidly changing of science and technology changes each new day, professionalproblems of litigation practice emerge in endlessly. Appraisal opinions (People also call it"appraisal conclusion". From the perspective of the latest amendment of points, call it"appraisal opinions" is a new understanding, is a big trend, also conforms to the nature of thejudicial identification evidence, so this paper adopt the "appraisal opinions," said),as three biglawsuit important evidence types of key role also more and more get people’s attention. But,constrained by theoretical knowledge deviation, legislative vacancy, system constructiondefects, the practice operation, such as the lack of a series of factors, our country’s judicialidentification system malpractice frequency now, especially in the expert witnesses to appearin court cross-examination the important link, the appearance rate is low, the courtcross-examination become a mere formality, appear cross-examination poor effect problems,has severely damaged the people to the appraisal opinions scientific and authoritative trust,weaken the appraisal opinions in the litigation should be the proof that the action of the play,and also easy to midwifery " endless judicial authentication " and so on the judicial appraisalproblems arise, even had become a block litigation proof process and restricting the judicialappraisal development bottleneck. In view of this, the author thinks that our country at presentthe appraiser to appear in court to solve the problems existing in the cross-examination of thekey lies in of our country at first appraiser to appear in court cross-examination systempresent situation have a comprehensive understanding, then from theoretical knowledge, legalsystem, macroscopic litigation background, realistic considerations and so on many levels andAngle to the reason of the problem produced systematic in-depth analysis, in the foreigncorresponding to the system of evidence investigation, successful experience reference as themain point, the modern litigation new technology for the supplement, combined with ourcountry’s judicial authentication system based on the reality of constructing our countryperfect expert witnesses to appear in court cross-examination system puts forward systematicconcrete system idea.This paper can be divided into four parts, about thirty thousand words.The first part is to the expert witnesses to appear in court cross-examination overview ofthe system. That is the judicial identification, the expert witnesses, and the court cross-examination, etc, the author discusses the basic concept, and then determined in thebasis of the concept of evidence from the general properties and characteristics of two levelfor the identification of opinion attributes analysis, and then from the appraisal opinions ofevidence attribute characteristics and the need of reality and so on four aspects to appear incourt for appraiser of cross-examination of the necessity of the system analysis. Clear thesebasic concepts attribute and the necessity of writing will be after very good matting.The second part is to our country appraiser to appear in court cross-examination of thecurrent situation and problems of analysis. This part firstly from four aspects to our countrycurrent relevant expert witnesses to appear in court cross-examination of relevant laws andregulations for carding, hoping to from the legal system of China’s current level of expertwitnesses to appear in court the real condition of cross-examination to have a deepunderstanding, also for the construction of perfect system for system level the breakthroughpoint; And then to our country appraiser to appear in court cross-examination presentsituation inspection, outstanding problems and sticking point, and from seven aspects, the rootof the problem to produce the system analysis.The third part is to the judicial authentication foreign corresponding related systemcomparison investigation. Due to the common law countries the expert witness system, andthe mainland legal system countries use is the judicial appraiser system, are deeply embeddedin different litigation mode of differences; Therefore for the two kinds of system arerespectively from the big lawsuit pattern of concept, characteristic and essence of sexual linkor practice as the breakthrough point, systematically analyzes the constitution of out two ofthese two kinds of system the most essential kernel and essence. On this basis, combiningwith the current predicament of, combing out the two big system to perfect China’s expertwitnesses to appear in court cross-examination system the most significance of enlightenment.The fourth part, it is in the Sino-foreign comparison method under the vision for ourcountry to construct a perfect expert witnesses to appear in court cross-examination systemidea, this is also the key part. This part deeply in our country in interpretation expert witnessesto appear in court cross-examination system present situation, the comprehensive analysis onthe basis of root, combined with big litigation reform and development trend, in view of thepractical problems, with reference to foreign relevant system model of successful experience,from seven different kinds of problems as a breakthrough, it is proposed to construct a systemof our country to improve the system of appraiser to appear in court cross-examination concrete conception, and claims eventually build up with Chinese characteristics appraiser,expert auxiliary people, expert jury "three dimensional cross-examination model". In addition,in addition to absorb the traditional system defect make up the reasonable factor methodoutside, this part of the seventh section will also explore the use of modern remote technologyas the breakthrough to break our country appraiser to appear in court cross-examination of theproblem, it also should be a highly construction significance attempt.