The Research On The Examination And Approval Of Appraisal Opinions By The Prosecution Department Of China's Procuratorial Organs

In the criminal proceedings,expert opinion is listed as one of the eight legal evidences.It not only plays a pivotal role in the solution of the special problems in which the case facts involved,but also plays a valuable role in investigating the criminal liability of the suspects.Therefore,significant scientificity and reliability of the expert opinion is recognized.With the rapid development of technology and society,in order to solve the complicated professional problems,judicial expertise is used in the case increasingly.However,with its own unique,expert opinion not only has the basic features and significance which the law asks,but also includes many kinds of special knowledge,such as science,theory,technology and so on.The contrast between the profundity of academic and the limitation of the investigator,which makes it difficult to review expert opinion effectively only from the perspective of law and science.In addition,the criminal proceedings of our country has used three branches Flow-Line Production Mode—public security,the procuratorate and courts.Thus some misconceptions occurs to a lot of judicial officials.The investigation organ blindly trust authentication institutions,the procuratorial organ blindly rely on the investigation organ and the judges based on the all kinds offile-transcripts which the prosecution read out.This form of censorship of expert opinion has become one of the cause of the great number of feigned and wrong cases.The prosecution department of procuratorial organs has the obligations of ruling out illegal expert opinion and maintaining law fairness and justice.However,in judicial practice,the blind and one-sided review to the expert opinion has affected the case handling quality of the procuratorial organ.In the perspective of the new criminal law,this paper combined the relevant knowledge of litigation law and judicial authentication.Proceeding from our national conditions,the power of the prosecution department in the procuratorial organs and working practice,this paper will study the review method and system of the expert opinion.The first chapter of the content is introduction.It mainly describes the relevant background and significance of this subject.This part also overviews the present status of the research and summarizes the research ideas and methods.The second chapter mainly introduces the basic theory of reviewing expert opinion,including the concept and essential attribute of expert opinion and the basis of expert opinion review in public prosecution of the procuratorial organ.The third chapter,is about the current situation of reviewing expert opinion from public prosecution department in details.This chapter analyzes the cause and the problems existing in the process of reviewing expert opinion.Chapter four makes a comparison and reference of reviewing expert opinion between the two law system.The fifth chapter is the main part of this thesis.On the basis of the above chapters,this part sums up the review path,putting forward the principle of examination.It not only establishing the rationality review standard of expert opinion but also the review procedure and the concrete proposal of reviewing expert opinion.In the final part,the paper puts forward some ideas,hoping to establish review mechanism of expert opinion and solving practical problems.Aiming to build suitable expert opinion authentication rules which public prosecution department used,proving reference for legislation of judicial expertise and making the research of the judicial expertise deepening.