Research On The Problem Of Judicial Appraiser Testifies The Criminal Prosecution In Court

The concept of judicial authentication in all kinds of crimes in the investigation of frequency is increasing, the probability of judicial expert witnesses in complex cases mentioned are also on the increase. At present, in most criminal cases, the accuracy of the trial, fairness and timeliness needed the judicial expert witnesses to testify. As the economy increasingly diversified、the continuous development of science and technology and the widespread application in real life, all kinds of new crimes emerge endlessly, which need to study in the field of identification and appraisal, therefore, more and more cases need the aid of judicial authentication. Judicial appraiser as the subjects of judicial appraisal activities of fairness, rationality, objectivity,the opinions of judicial authentication play an important role, and a whole quality and practice ability of judicial appraiser directly relates to whether the judicial authentication opinions can be directly adopted by the court completely. Judicial expert witnesses to testify appraisal content can be more accurate, but also can solve the question caused by the judicial authentication problem, is advantageous to the processing and judgement of the case. Therefore, this article mainly through to the difficulties in the judicial system of expert witnesses to testify in the criminal justice and implementation issues were discussed, so as to the study of judicial expert witnesses to testify system better.Judicial appraiser in the activities of judicial authentication status is beyond doubt, therefore, to meet the judicial appraiser must be from the definition of the concept of judicial authentication, judicial appraiser, the classification of China’s judicial appraiser and litigation status and the rights and obligations of the judicial appraiser four angles is analyzed as a whole. First, in terms of the concept of judicial authentication, litigation judicial authentication has special procedures in accordance with the law, the main body particularity, object, conclusion evaluation scientific evidence and the five characteristics. Secondly, in terms of the definition of judicial appraiser, countries of Anglo-American law system and continental law system countries is different to the definition of judicial appraiser, and our country is different from two big law countries, is defined as a person with specialized knowledge. Again, China will judicial appraiser shall obtain qualification as the judicial appraiser, category, professional title and so on carries on the classification and degree. Its status in litigation there are three aspects of characteristics.Contrapose the criminal procedure law in2012"judicial expert witnesses to testify" provisions of the state, contrapose the2012criminal procedure law, the provisions of relevant state "judicial expert witnesses to testify on concrete is introduced, and by introducing the compare between the two points are found out, the first is the influence of judicial expert witnesses to testify for effective evidence, the second is in practice, the appraisal opinions different categories as evidence by the court, which leads to the importance of the new criminal procedure law enacted."Judicial expert witnesses to testify the new criminal procedural law of the people" is very necessary, in theory, the rules will affect practice, but also there are some difficulties in implementation. On the necessity of the judicial expert witnesses to testify, mainly to reduce and identification rate, improve the working effect, saving judicial resources and is helpful to improve the trial mode, etc. At the same time, the new criminal procedure law mainly in realize the difficulty of judicial appraiser qualification lacks criterion; The judicial appraiser team shortage and the lack of overall quality; The safety of the judicial appraiser lack of physical security, The judges failed to fully perform their duties as well as the citizens’ consciousness of rule of law is not strong and so on.On the premise of draw lessons from foreign experience, put forward the suggestion of judicial expert witnesses to testify in realization, the first is the judicial expert witnesses to appear in court funds should be guaranteed; The second is the judicial appraiser of the construction of professional team; The third is the legal liability of judicial appraiser of bear; The fourth is the implementation of the judicial appraisal practice insurance system; Fifth, the judicial appraiser human rights should be guaranteed.