The Substantiation Research On Examination Of Physical Evidence Identification Opinion

The expert plays an important role in the trial process of the court,and the expert opinion made by him is one of the legal forms of evidence,which is an important reference factor in the trial process of the court.From the point of view of the evidence,the evidence of physical evidence is the attribute of the word evidence and "scientific evidence".It is not to be ignored that the identification of physical evidence also has the attribute of "derived evidence" and "secondary generation evidence",and its validity is uncertain.From the point of view of the trial,it is important to promote the facts found,fair trial,litigation efficiency and so on.Therefore,it is of great significance to judge the final judgment of the court.However,it is not the "scientific conclusion",which is based on the subjectivity of the appraiser and the objectivity of the appraisal condition,and the authenticity of the appraisal opinion is greatly influenced.Of material evidence expert opinion so it is necessary to adequately cross-examination,combined with trial essence into a breach of the litigation system reform been facilitated,which makes the material evidence identification opinions court appearances and the relationship between the real change will be more and more closely.In litigation practice,there is a widespread,such as material evidence identification on cross-examination is true "court before the lack of evidence","expert witnesses absent trial","expert auxiliary absence of rights","lawyer debate power falsified" such as "real" phenomenon,and the trial "adventurers" to a great extent and the trial judge for "procedural justice","" for the center with the trial of cognitive biases are concerned,these are linked to the trial substance deviating from the target.So,the author thinks that in the trial practice,litigation participants shall establish adversary proceedings,to carry out the principle of the evidence,to ensure that the trial in fact finding,ruled that the evidence,to guarantee of litigation and impartial judgment play a decisive role.Based on the physical evidence in the criminal procedure evaluation cross-examination essence as the research object,taking the analysis of related issues,as guidance to discuss material evidence identification cross-examination concrete measures of the essence.The paper is divided into three parts: introduction,text and conclusion.The first part is the introduction,mainly introduces the topic selection background,theoretical value and practical significance,research idea and research method,main content and innovation.The second part is the text,divided into three sections.The first section is an overview of the certification of physical evidence.Material evidence identification opinions court appearances refers to through the court before the open,cross-examination,inter alia,in court and a series of procedures to confirm material evidence that of expert opinion and prove effect,auxiliary judge find out the facts,that the truth of the case investigation activities.Material evidence identification opinions and other types of evidence,it comes from the evidence,have the function that the facts found,through the in-depth analysis of material evidence identification opinions,can better understand the case,because also has the reduction facts,a fair trial,improve the efficiency of lawsuit and other litigation value,is regarded as "scientific proof".However,due to its special attributes such as evidence attribute,secondary generation attribute and derivative evidence attribute,it is not of course proven ability.Therefore,it is of great significance to verify the evidence of the evidence and the relationship between the material and the trial.The second section is the current legislative and judicial status in China,supplemented by rational analysis of the status quo.Promulgated in 2010 "about to deal with the death penalty cases review judgment evidence provisions on some issues of the second rule:",to determine the case facts must be based on evidence ",established the "principle of the evidence" of criminal proceedings in our country.However,in the judicial practice,there is no clear stipulation on the procedure of identifying evidence in the law,and more in the relevant judicial interpretation.Material evidence identification on cross-examination of related systems such as:material evidence identification true opinions before the court,expert witnesses to testify,cross-examination,expert auxiliary,such as no confirmation on the legislation,in the practice of legal workers are confused about what to do.Therefore,in practice,there are some problems,such as low court appearance,insufficiency in front of the court,lack of assistance from the parties,and lack of guarantee of lawyer's defense.On the basis of in-depth analysis of the above problems,this paper reflects on the path of evidence identification of physical evidence in China,and summarizes the causes of the disease from procedural justice and entity justice.The third section is aimed at present the shortcomings of the present judicial and practice,combining with the outside advanced judicial ideas and material evidence identification opinions should be armed with equal confrontation and adversary proceedings for the idea,the thinking of reform suggestion for the center with the trial,and in view of the above the problems put forward the corresponding improvement measures,aimed at resolving the trial cross-examination blur,realization of entity justice.The last part is the conclusion.Is discussed in order to achieve goals of substantive justice and procedural justice,in addition to the above the ideas and measures,also evidence the referee shall be extended to the whole consciousness of litigation activities,to ensure that the "trial centered" deepen reform,make investigation,examination and prosecution of the case facts stand the test of the law,to ensure that the trial in fact finding,ruled that the evidence,protect litigious right and fair judgment plays a decisive role.