The Study On The Perfection Of Our Country’s Criminal Expert Testimony System

Criminal expert testimony means that the appraiser identify special issues and provide expert opinion by using scientific technology and specialized knowledge in the Criminal Procedure Enforcement. It is not only the key to assert the facts for judicial organ, but also the premise to judge fairly for judge departments. However, some problems about the Judicial Identification System in our country still should be solved. There is much difference between the Expert evidence system of Anglo-American law system countries and China’s Judicial Identification System, such as the qualification of the appraiser; the appointment of the appraiser and the examination of the appraiser and so on, thus, the Expert evidence system of Anglo-American law system countries can act as a good reference for improving the Judicial Identification System in our country. Concretely speaking, the problem of Judicial Expertise in the practice mainly including:misunderstanding the Resolution by NPC; the permit standard for the appraiser and identification organization being different; the category of the expert testimony being overflowing; the profit-driven of social appraisal institutions impact on normal order identification; the adoption of the conclusion of judicial appraisal being not unified standard; unclear about the man who have the starting right of criminal identification, and so on. The causes of these problems can be summarized:the legislative vacancy of the Criminal Judicial Appraisal; conflict of Interest in difference identification organization; the potential harmful effects from the social identification organization; the lack of unified judging standard of expert testimony opinion, etc. Seeing to solve the problem, many problem of Criminal Judicial Appraisal should be governed by Work Along Many Lines. Firstly, in order to perfect the judicial expertise access and administration System, we should enhance the entry permission and management of the judicial expertise institution; improve and perfect the appraiser’s entry permission and supervisory mechanism and establish unified monitoring mechanisms for the forensic institutions and the appraiser. Secondly, we should perfect the System of Judicial Authentication. Concrete saying, the main boy of the appraiser and starting right of criminal identification should be relaxed. Thirdly, we should improve the evidence system of criminal judicial appraisal, mainly including:improving the rules of the appraiser qualification and the expert opinion and the criminal technology industry standards.