The Court Cross-examination Research Of Criminal Appraisal Opinions

Criminal expert opinion evidence is the criminal trial process,questioning,both sides of the expert opinion on questions,questions,so as to determine the expert opinion has no qualification of evidence and evidence of a lawsuit force.It has a direct relationship with the trial mode,with a strong time limit and targeted.The criminal identification opinion to identify the facts of the case,to achieve the balance,has an important significance to the realization of procedural justice,but also adapt to the internal demand of our current trial centered trial way reform.Although the cross examination is a very important part in all countries,but it is affected by the cultural concept,the legal tradition and the litigation structure,there are obvious differences between the two legal systems in the cross examination pattern.Adversary countries of Anglo-American law system adopt the adversary,cross examination of criminal identification opinion in this mode also has the distinct characteristics of the main confrontation,expert testimony discovery and expert witnesses to testify in court,through cross examination procedures,the expert opinion on the authenticity and legality and scientific testimony;the countries of continental law system by the judge as the leading litigation,mainly through the pretrial procedure,expert testimony and inquiry procedures for the identification,expert opinion on the authenticity,legitimacy and scientific testimony.China's criminal procedure law expert opinion must be evidence to the court as a basis.But the status quo of China's criminal expert opinion is not optimistic,the performance is: the legislation is not mature,incomplete;the defendant's hostage is often ignored;the identification of the court rate is low;the formal identification of the opinion of the serious.Analysis of the reasons: one is the prosecution and trial three understanding deviation of criminal expert opinion;two is the traditional litigation system,the litigation status of the parties is not balanced;the three is the lack of rules of evidence of criminal expert opinion closely.The system of the quality of criminal expert opinions in our country can be improved from three aspects.One is to improve the quality of expert opinion rules,including perfecting the rule,establish the reliability rules,necessity of increasing rule of illegal identification;the two is to improve the quality of identification procedures,mainly from the improvement of the rules of cross examination;the three is to improve the supporting system,including the improvement of expert testimony the main function of system and the establishment of pretrial discovery system,improve the appraisal opinions of the expert assistant system and strengthen the lawyer testimony.