The Research On The Probative Force Of Handwriting Expert Opinion

As one of the legal categories of evidence,handwriting expert opinion is explicitly stipulated to have its competency of evidence to prove the fact of a case.But handwriting expert opinion is needed to have the probative force of evidence to prove the fact in court.This paper is demonstrated the two key factors which are authenticity and correlation,from analyzing the factors of handwriting expert opinion.The following step is analyzing the cases which are related to handwriting expert opinion in justice practice,discussing the application and practical problems of handwriting expert opinion,at last,from the different angle to analysis,what the problems the probave force of handwriting expert opinion have,how to perfect the system of handwriting expert opinion,how to improve the probative force of handwriting expert opinion.When analyzing the cases which are related to handwriting expert opinion in justice practice,the author searched by "handwriting identification" for the keyword in the case library of the Judicial Case Academy of the Supreme People's court.Then selected 48 judicial cases from January2007 to October 2017 and analysis them in detailed.One of the result is 29 cases of them belong to civil case.In these civil cases,16 cases are concerned with contract disputes.This conclusion tells us that handwriting expert opinion is used widely in the contract disputes of the civil cases.Another result is 8 cases are related to property while there are9 cases are criminal cases.Handwriting expert opinion provides corroborative evidence in the criminal cases.In 9 administrative cases,5cases are related to housing registration.The author hope that can come up with targeted solution by these detail analysis.There are mainly the following problems in judicial practice: there are different evaluation standard about handwriting expert opinion.The lack of the judges free evaluation of evidence.The appraiser's court testimony system is not perfect.In view of these circumstances,the system can be remedied,for example,perfect supplemental appraisal,re-appraisal and alternative appraisal system.We can also start from the long-term perspective.For instance,improve the relevant system of proof,formulate clear evaluation criteria,perfecting appraiser's appearance system,strengthen the standardization of handwriting identification submissions,standardized writing handwriting writer's standardization of handwriting identification submissions.It's alsoimportant that strengthen theoretical research.Theory can play a guiding role in practice and enrich the content of practice.