In Courtroom Cross-examination Perspective Analysis Of Judicial Appraiser Qualification Review Mode

With more progress in the process of the rule of law, the use of expert opinion in litigation procedures more standardized, specialized, normalization, and judicial identification because this plays an important role has become the modern court indispensable part. In some cases, identification made by the people of expert opinion may even decide the case of process and the final properties. Therefore, identification of the professional knowledge is complete, technical level is qualified, ability qualification is qualified, moral quality is worthy of trust, whether can complete courts and society to give the identification task and a series of problems seem particularly important, and aiming at these problems into Audit, i.e. identification of people practicing qualification. Enacted in 2005 < the NPC Standing Committee on judicial appraisal management decision >(hereinafter referred to as decison), China provides preliminary of judicial appraiser practicing qualification examination of the relevant provisions of, and with the law clearly used in our country is fixed qualification of judicial appraiser "in advance" qualification system. However, this review way too much attention to the forms and ignore the substance, stiff, not will review the core placed in judicial appraiser is the true level of identification ability. Such audit mode caused by the practice part identification names not real, cheating, serious impact on the operation of judicial environment and identified in the field, to a certain extent, resulting in a vicious circle. The above drawbacks in specific cases in recent years has obvious, and the existing legal provisions and practices were not completely solve.Progress in closer contact with the judge with the eighth session of the Fourth Plenary Session proposed to trial as the center, to carry out the evidence referee principle and so on a series of important issues, it can be predicted, the trial crossexamination link will become the link of the core, even is the procedure of the core, and the identification of the person and make the expert opinion level and quality will be the trial test. Therefore, in order to establish a unified judicial appraisal management system and perfect the judicial appraiser in court cross examination system, in order to make the judicial authentication procedure, the author tries to court the cross certificate as a platform for the inspection and authentication of the trial testimony, in promoting China's court trial procedure, but also to promote improve our identification of the true level of ability, will enable the identification of our judicial journalists practicing qualification system perfected.Therefore, this paper is divided into three parts:The first part will elaborate judicial appraiser practicing qualification review of related concepts, and the use of comparative law knowledge, carries on the evaluation system related to the countries of the two legal systems. Finally, the analysis of the China's current audit vulnerabilities in the way and reason.In the second part, this paper from the testimony of the expert qualification examination and cross examination link, possibility and effect analysis of cooperation between the two.Finally, in the third part, to make this paper has practical significance, will elaborate expert court testimony of expert of our country practicing qualification system, and puts forward the concrete measures, including the use of alternative to the first laws and regulations, and for the future of the supporting regulations of the recommendations.