Analysis Of The Reasons For The Low Rate Of Testimony Of Public Security Organs Appraisers In Court And Countermeasures

Judicial authentication is an objective method to solve the problem of evidence,and an important link to ensure the judicial justice.Expert witnesses to testify is the extension andimportant part of judicial authentication workin our country, isboth the realistic need, which the judicial authority to find out the case facts, and the inevitable requirement of security right of the parties cross-examination.The standing committee of the National People's Congress on the decision of the management of judicial authentication, whichpassed in 2005, "Criminal procedural law" the 187th and "The civil procedure law" the 7th,focus on specifications of judicial expert witnesses.Especially the revised "criminal procedural law",on the basis of draw lessons from foreign advanced experience,absorbthe reasonable of the existing laws and regulations,accordingly revise the problem of expert witness to appear in court,and clear the necessity of expert witnesses to testify,and its appearance after the protection of personal safety,and the legal consequencesrefused to testify,to further perfect the system of expert witnesses to testify.But as a member of the public security organs in the appraisal team,found abouthundreds of the appraisal reports issued by the author was never asked to testify in lone-term appraisal practice.In criminal cases.most expert opinion is issued by the public security organ the surveyor.Testifying rate should be relatively high.In accordance with the law and the public security organs in our country at present the management system,let the public security organ expert witnesses which habitedto obey the administrative commandto testify is relatively easy.But the reality is thatthe public security organ expert witnesses to testify rate is far lower than the rate of social organization expert witnesses to testify under the premise of the law.This raises the author reflection.This article starts with the basic problems of public security organs of expert witnesses to testify. With the implementation of the new penal litigation law as the background,will take the public security organ reasons for the low rate of expert witnesses to testify and improve the system of expert witnesses to testify as the discussion focus. Totable a proposalabout the relevant supporting system of appearing in court to testify,and to strengthen the public security organ appraisal work management,and strengthen the ability of the expert witness to testify in court,expected to solve the problems of the public security organs of our country to identify the difficulty of the court, appear in court.The author first defines the definition of the public security organs of the identification of human and social institutions.That the public security organs of the identification of people is to refer to legally obtain qualification and was appointed by the public security organs,professional and technical personnel engaged in forensic science, trace testing, physical and chemical inspection and criminal inspection and identification.There are different characteristics with the identification of social institutions.In the aspect of appearing in court as a witness, there are many differences between experts and investigators in criminal procedure.Secondly, the analysis of the reasons for the low rate of the identification of the public security organs.In criminal cases,the rate of judicial authentication is less than 5%,compared with the identification of social institutions, public security organs of the public security organs to appear in court.The reasons are divided into external and internal reasons.The external reasons are mainlythe relevant law to testify in court to operate difficultly, andprocedure of appearing in court as a witnessto become a mere formality,external pressure is not enough.Internal reasons are mainly identification of people do not pay attention to the subjective,the internal management of the public security organ appraisal institution.At last, the author thinks that we should solve the problem of the low rate of witness appearing in court in the public security organs from the following aspects,one to refine the relevant provisions of the criminal prosecution law,perfect the supporting system related to the testimony of the witnesses in court;Two to strengthen the internal management of the public security organs appraisal work;Three to strengthen the ability of the identification of witnesses to testify in court.