A Study On The Admissibility Of Expert Opinion

As a kind of legal evidence,it has general characteristics of general evidence,but also has the special nature of the appraisal which is the scientific nature of the identification of opinions as evidence of the facts of the case.In a nutshell,the expert opinion contains professional scientific knowledge,so its admissibility is more complex than other kinds of evidence.Accompanied by the importance of identification in the judicial trial increasingly prominent,It is also important to know how to establish scientific opinions.The development of the judicial appraisal system in our country also reflects the development of the continuous improvement of the rules of scientific evidence.However,the admissibility of the identification of our views is currently limited to formal review,substantive review of the quality of the identified materials and the reliability of the identified opinions is still lacking.The United States as a scientific evidence of the development of the standard standard,established a relatively perfect admissibility standards.The author just wants to find out and analyze the defects of the appraisal mechanism of the appraisal opinions in China by comparing the scientific evidence admissibility standards of the United States,and put forward the scientific and reasonable scheme in order to perfect the appraisal mechanism of our country.Through the continuous improvement of the acceptance mechanism,the referee can accurately according to the scientific evidence to make a fair judgment on the case.In addition to the introduction and conclusion,this paper is divided into five parts,about thirty thousand words.The first part mainly elaborates the connotation of the appraisal opinions and the purpose and significance of the research on the feasibility of the opinions.The purpose of this paper is to study the admissibility rules of scientific evidence for the development of western countries in order to explore the advantages of the self-acceptance mechanism for the identification of our country.And through the author's questionnaire to find out the defects of our country's forensic system,in order to find the correction program.The author believe that this subject will have important significance for judicial practice.The second part mainly elaborates the development course of the judicial appraisal system in our country.The author of conducted a questionnaire on the court staff,combined with the characteristics of the development and changes of China's judicial expertise system and the reality of the questionnaire.The author can outline the current situation of the forensic appraisal system in our country and find out the existing problems of the appraisal of our country.The third part mainly elaborates the development and change of the admissibility rules of American scientific evidence.The United States has experienced the development of the Frye rule,the Federal Rules of Evidence,702 and the Dobot Rules which gradually improve the science.Several major cases have shown that the admissibility rules of scientific evidence are also facing new challenges with the continuous development of science and technology.In the fourth part,the author compared the similarities and differences betweenthe admissibility rules of scientific evidence and the admissibility rules of scientific evidence in western countries.With a view to discovering aspects of the accessibility of our identification.In the fifth part,the author hopes to perfect the appraisal system of our country by perfecting the substantive review mechanism of our country and the expert assistant system of our country.And to build a system of adjudication of judges in the theory and practice of China's identification system has been filled.