The Empirical Study On The Criminal Surveyor To Testify In Court

Some issues are proposed in “The Chinese Communist Party Central Committee’s decision on a number of important issues in relation to comprehensively implementing governing the country by law”,which was proved by the Fourth Plenum of the 18 th Communist Party of China Central Committee,that "trial center doctrine" lawsuit system reform makes sure of the evidence of the examined-case being reviewed well by the law.According to this decision,we should pay attention to the core role of judicial practice in court case.All these make clients be free with the end of case and feel fairness and justice of law through evidence investigations in court,conviction and sentencing debates in court,form of the trial result in court.The necessary content of the legislation system reform with trial at its core is the practical implementation of criminal proceedings expert witnesses to appear in court.This plays an irreplaceable part in practicing the principle of directness and verbalism,comprehensive implementing rules of evidence to the referee,secure rights of laws and interests of the parties,and auxiliary finding out the case facts.With the advance and the deepening of the "trial center doctrine" lawsuit system reform,criminal proceedings expert witnesses to appear in court has become an important subject in academic and practical circles.Based on the background information of the "trial center doctrine" lawsuit system reform and The 2012 th Criminal Procedure Law,related statistics of W city pilot court,from 2013-2015,the interviews of the pilot court judges and the staff from the judicial authentication center,and questionnaires of the pilot court judges,lawyers and these judicial staff in W city,this paper firstly introduces the main topic---criminal proceedings expert witnesses to appear in court compared with the substantial changes of the court trial.Then,the current situations and reasons of the criminal proceedings expert witnesses to appear in court system,since 2012,are discussed in two parts in this paper,which is based on the related statistics and materials.The first part is discussed about the current situations of the criminal proceedings expert witnesses to appear in court since the practice of the 2012 th Criminal Procedure Law,which is about the lower appearance,higher application avoidance,formalism,and replacement of the criminal proceedings expert witnesses.After that,this paper deeply and comprehensively analyzes the cause of the harsh-enablement and relief-deficiency of the criminal proceedings expert witnesses to appear in court system,and lack of standards to the judicial authenticationcenter and the related staff.Also,it emphasizes some problems about the trial cross-examination,supporting mechanism,and insufficient power.Lastly,Reference on the mature experience of international criminal proceedings expert witnesses to appear in court,meanwhile,based on the practical situation in China,some thorough suggestions are given on the scientific rules on the scope and relief way of criminal proceedings expert witnesses,cross-examination rules and security rules of the expert witness to appear in court,and the accomplishment of related measures.All these discussions and suggestions are expected to be conducive to the criminal proceedings expert witnesses to appear in court and achieve the substance of trial.