Research On The Evidence Effect Of Experts' Advice

Through in-depth analysis of criminal misdeeds known to the general public in recent years,we are deeply aware of the importance of strengthening the cross-examination of appraisal opinions and the introduction of expert assistants in litigation activities in trials.Inevitably,expert assistants involved in litigation activities have improved the support of sound experts.The necessity of the human system.However,our country's legal provisions for the expert helper system are limited to 192 articles of the Criminal Procedure Law,and this law only stipulates how to appoint “persons with specialized knowledge”.Obviously such a simple provision provides limited guidance.of.In the judicial practice,the expert assistants did not enjoy an independent litigation status,and the rights and obligations of the expert assistants were also not followed by laws and regulations.The expert assistants had no rules for the cross-examination of the appraisal opinions,which led to the effectiveness of expert assistants and expert assistance.The effectiveness of the person's opinion evidence is limited.Although expert assistants intervene in the trial of the case,they still fail to achieve substantive cross-examination results.This has resulted in a waste of judicial resources and reduced the efficiency of litigation.Therefore,it is particularly important to solve the above problems and give the expert's supporting evidence the effect it needs to perfect the system of expert assistants,achieve the substantive verification of the opinions of the appraisal,and guarantee the justice of the judiciary.This article is divided into five parts:The first part takes the typical criminal cases involving identification in recent years as the entry point.By analyzing the types of problems in the identification activities in these typical cases,we explore the causes of these problems,and then discuss the current status of the judiciary and the attributes of the evaluation opinions themselves.Emphasis is placed on the need for the effectiveness of research expert assistance.In the second part,the author discusses the legal possibility of the expert adjudicator's opinion evidence effectiveness by discussing the legal basis of the expert opinion advisor's evidential effectiveness and the existing legal basis.Reconciliation of substantive and procedural justice and protection of criminal defendant's right to pledge are legal backgrounds for the research on expert adjudicators' opinions.The existing legal provisions concerning evidence and appraisal opinions are the basis for the research on evidence expert's opinion evidence effectiveness.The third part explains the lack of legal basis of the expert assistant system by discussing the ambiguous legal status of expert assistants and the unclear of the rights and obligations of expert assistants.It shows the cross-examination of the cross-examination system through the argumentation of expert assistant attending the court to demonstrate the cross-examination dilemma;The judges used the questions faced by the expert assistants to explain the dilemma faced by expert assistants.Through analysis of the above three aspects,the factors affecting the effectiveness of the experts' assistant opinions are analyzed.The fourth part compares the Italian technical consultancy system with the Russian expert system,extracts the rationality of its system design,eliminates its institutional deficiencies,and summarizes the ideas for improving the system of expert helpers in China.Institutional reference.The fifth part is the concept of granting the evidence of expert opinion.From the system level,the litigant status and rights and obligations of expert assistants should be clarified,and the evidentiary effects of the expert assistants' opinions should be clarified.The legal assistants should be given the legal basis to give evidence to the courts.In order to better protect the criminal defendants' right to defense,it is recommended to establish criminals.Litigation expert assistance assistance system.From the courtroom level,through detailed cross-questioning rules,to establish specific and feasible court cross-examination rules,the expert assistants have rules for appraising opinion cross-examination.From the perspective of the judges adopting the letter,the criteria for judges to adopt expert opinions are established to ensure the effectiveness of the expert's auxiliary opinions.