Repeated-appraisement System For Research In The In Criminal Procedure

Along with the progressive development of China’s legal construction, the related legislation and administrative regulation of judicial expertise is also maturing. NPC Decision on the Management of Judicial Expertise (" the Decision " as below), which was adopted in2005, prescribes related regulations for the judicial expertise gap, including the judicial appraiser, the independence of judicial accrediting body and the judicial appraisal scope, etc. To some extent, the Decision has provided a system support for solving some judicial problems, such as self-investigation&self-appraisal. However, in the real world, multiple appraising conclusions for one case still happens, and repeated-appraisement could never disappear. This also suggests that China’s judicial expertise regulations are still far from perfection, any slight problem may affect the whole situation. Therefore, to solve this problem, it’s necessary to conduct a second look on our appraisal procedure and accrediting body and it also requires us not to neglect the theoretical research for the judicial expertise. For all these reasons, the author of this paper tries to go over the expert conclusion from theoretical aspect, emphasizes its importance in judicial practice, and analyzes the reasons of repeated-appraisement from the perspective of evidence system, judicial practice and appraisal system. Meanwhile, the author will cite the regulations for evidence examination and judgment in the death penalty expert opinion from Regulations on Issues of Examining and judging the Evidence in Criminal Cases, and then put forward some countermeasures and suggestions to this problem for expectation on helping to regulate and prevent repeated-appraisement.This paper is divided into four chapters, totals over30,000words.The first chapter is to raise the question. Firstly, it summarizes the expert testimony through the elaboration for its definition, the analysis for using the term "expert testimony" in the academic community, the distinction between definitions for expert conclusion and expert opinion, which is finally agreed and recognized by the paper. Then, it elaborates the repeated authentication. Through detailed analysis about the history and status quo of expert testimony and introduction for the expert testimony in foreign countries, the paper concludes the problem of repeated authentication existed in Chinese expert testimony.The second chapter discusses the performance and influences of repeated authentication in some very typical cases. Through a fine analysis and comparison about the expert testimony frequency, time and its accrediting body within eight typical cases, it states the features and the negative influence of repeated authentication.The third chapter mainly discusses several key reasons that cause repeated authentication in terms of criminal authentication, proof system and its executive procedure.The forth chapter mainly puts forward the measurements for regulating the repeated authentication in the matter of reformation in expert testimony administrative system, the perfection for criminal proof system and reformation in related criminal procedure. The paper states that it should start form the appraisal administration system itself to control the repeated authentication, then ensure the application of expert testimony in the field of judicial domain through supervising the proof system, and finally standardize the expert conclusion by perfecting the criminal procedure.