| This dissertation is divided into four parts. The key of content is the third and forth part. Through the analysis of the expert witness in Anglo-American law system and judicial appraisal in continental law system, it can be concluded as follows:(1) As to expert qualification, China’s judicial identification system places much more emphasis on the formal elements of the appraiser than the substantial elements. It is suggested that china should improve its experts’ opinion system in criminal proceedings by focusing on substantial elements of the expert qualification.(2)As to the expert selection mechanism, the litigant should take priority to select experts rather than the court. (3) As to the rights and obligations of the expert, unlike the common witness, the expert witness should have rights to appear in court or not. Moreover, in order to providing more accurate opinions, the expert witness should have the right to learn the truth, which includes enquiring about and referring to the case and appraisal materials. They also have the obligation to keep confidential details of case. (4) As to the court appearance of experts, a written appraisal conclusion should mainly be provided in the appraisal system. However, the oral testimony is compulsory in the expert opinion system. (5) As to the application of the experts’ opinion system, the narrow application in current China has obviously limited its functions. It is suggested that the application range of the experts’ opinion system should be enlarged, and its positive role should be maximized as possible. (6) As to the relationship between the experts’opinion system and the judicial appraisal system, an equal relationship should be established so that both systems can play their respective advantages and compensate each other. As the new Criminal Procedure Law of China has just been issued, the practice of experts’ opinion is still rare in China, and the problem in its practice remains to be seen. The establishment of expert opinion system in criminal proceedings has reflected the social needs in reality. Definitely, it will cause more and more problems or discussions in its practice. Therefore, there is both theoretical and the practical signi-ficance to conduct research on China’s experts’ opinion system in criminal proceedings. |
