Research On The Authenticity Of Expert Opinions In Criminal Proceedings

In 2012,for the amendment of the criminal procedure law of the People's Republic of China,the concept of "expert conclusion" was replaced by "expert opinion",which formally entered the people's field of vision.With the construction and expansion of scientific databases and the scientific improvement of identification technology,the "expert opinions" have increasingly appeared in the evidence part adopted in the criminal judgment.Of course,the mere change of two words means that the judge's discretion to expert opinion is expanding.With this revision,the newly revised criminal procedure law also stipulates the reporting obligation of the investigating organ and the appraiser's duty of appearing when necessary,and creatively puts forward the expert assistant system.However,the doubts about the exercise of the discretion of judges have made the parties questioning the authenticity of the expert opinions still present an increasing trend.Therefore,this paper will start from expert opinion and the authenticity of the evidence to explore the problems in order to maximize the judge find the truth of the case,the evidence is fixed at the same time,in the legislative consideration of expert opinion,as a special one of legal evidence to improve protection provisions of its authenticity.This article is divided into four parts.First of all,it defines the concept of expert opinions in criminal procedure,and briefly introduces its classification and the main problems easily existing in the authenticity of the expert opinions in real life.Secondly,to investigate the relevant system design abroad.It mainly compares the relevant provisions of the two major legal systems in the world today.Thirdly,we make an empirical analysis of the authenticity of the expert opinions in criminal proceedings in China.Through social investigation method,based on the Chinese referee document network in recent years,this paper analyzes the Chinese criminal litigation cases on expert opinion questioned the existence of the authenticity of the judgment,ruling,justice approach question analysis,and the size of the evidence the influence of the verdict.In the end,the author tries to put forward some measures in line with Chinese national conditions from the important stages of the promotion of criminal proceedings,and provides practical guarantee for the authenticity of the expert opinions in criminal proceedings.