Research About The Admissibility Of Criminal Expert Opinion In China

Based on the principle of evidentiary adjudication, the modern criminal lawsuit through evidence reappear the truth, the processes of the lawsuit are collecting, reviewing and using evidences. Admissibility and competency are two basic attributes of evidence, and admissibility is the premise of competency. The evidence with admissibility exert it’s proof function: identified as is there no crime and which crime; The evidence with inadmissibility will be excluded, denied it’s qualification of case sentence. Expert opinion as one of eight kinds of legal evidence, provide support to detect case by it’s implying scientific technology, principle and method. In order to make expert opinion this legal evidence a magic weapon for detecting case, not blindly believe the expert opinion in procedure, and must carefully identify expert opinions. Let the evidence which truly reflects facts and with admissibility entry into the trial, to restore the truth of a case.This paper consists of four chapters. The first chapter introduces an overview of the admissibility of criminal expert opinion.This chapter is divided into three sections. The first section introduces an overview of the criminal expert opinion, the second section introduces the outline of admissibility the relationship between the competency and admissibility, the third section introduces legal significance of admissibility. Through introduce the concept of expert opinion and the admissibility, to clarify its connotation and extension, as well as the relationship between related concepts, to help understand the issue of the admissibility of criminal expert opinion.Analyze the relevant system in the second chapter. the first section describe the Anglo-law system, this section from the specialist qualifications, the reliable of expert opinion, evidence rules of expert opinion; the second section elaborate the Continental law system, this section introducethe principle of direct and verbal, expert qualification, scope review of expert opinion, Special mandatory of expert opinion five aspects; the third section describes the respective characteristics,similarities and reference for our Country. The purpose of this chapter is introduces the foreign advanced provisions and help our country get reference.The third chapter divided into three sections, the first section is the improvement of new law,respectively introduce the unified name of expert opinion, change identify subject, expert appear in court to testify, enhance protection for expert personal safety and establish expert assistant those five aspects; the second section is problems of admissibility of criminal expert opinion,professional expert identification ability is insufficient, lack of neutrality in identification, the identification process illegal, confrontations in court is not sufficient, lack of reliable examination these five aspects, plus with the analysis of an example to illustrate the problems of present expert opinion; the third section analyzes the reasons of current problems, this chapter is the key part of this paper, through analyzing the improvements, insufficient and reasons, provides the ways to cure the problems.Chapter four discusses the suggestions on constructing the system of admissibility of criminal expert opinion. This part divided into three sections. First section explains highlight justice, human rights and evidence concept of law; the second section is improve the relevant rules of evidence, construct rules for expert opinion in our country, the writer believe due to improve rule of illegal evidence excluded and rule of hearsay evidence; the third section put forward specific measures,constructs the criminal expert opinion discovery system before trail,add the review of reliable for judge and strengthen the elaboration of expert opinion in judgment documents these three aspects. To put forward suggestions and measures is the core content of this paper, as well as the ultimate goal of author writing.