A Research On Questions For Examination Of The Criminal Identification Opinion

Judicial practice shows that the source of misjudged criminal cases can often be traced back to the identification evidence.For a long time,the collegiate bench relied on written appraisal opinions,which resulted in the sidelining of the jurisdiction of many cases and the phenomenon of power rent-seeking in the appraisal field.Recently,the former director of the judicial appraisal center of East China University of Political Science and Law was forced to take measures according to law for suspected crime of concealing the murder.As an authoritative appraisal,it "decides" the trend of thousands of cases.Therefore,the identification evidence needs to be cross-examined,and should not become the final evidence without the cross-examination in the trial.At present,China's criminal court expert appeared in court rate is low,and did not effectively cross-examine the legitimacy,reliability and scientific nature of the expert opinion,increasing the risk of misjudgment caused by the expert evidence.Therefore,it is of great theoretical and practical significance to study the practical approach to realize the cross-examination of criminal appraisal opinions when promoting the reform of "trial-centered" criminal procedure system.In addition to the introduction and conclusion,the full text is divided into four parts.The first part is an overview of the basic theory of cross-examination of criminal appraisal opinions.This paper expounds the concept,subject and content of the cross-examination of the criminal appraisal opinions,and then discusses the significance of the cross-examination of the criminal appraisal opinions from the realization of the litigation justice,the protection of the rights and interests of the parties,and pursuing the real trial.The second part is the overseas investigation of the cross-examination system of criminal appraisal opinions.Represented by Germany and the United States and other countries in the institutional uniqueness,comparative analysis of the two law systems in the appraisal opinions appellation,start-up mode,pretrial discovery system,system of testifying in court,cross-examination rules and content,as well as the appraisal opinions adopted rules and standards of the difference,to provide useful experience to perfect our practice.The third part is the analysis of the present situation of the cross-examination of criminal appraisal opinions in China.First,the pretrial display of criminal expertise is weak,and the defence is aware of insufficient safeguards.Secondly,appraisers generally do not appear incourt,on the one hand,due to legislative defects,the law has a large room for improvement;On the other hand,it comes from the negative ideas of judges.But the fundamental reason is that the defendant's right of confrontation is not effectively guaranteed.Thirdly,there are some problems in the system of expert assistants,such as unclear theoretical understanding and chaotic judicial practice.Fourth,the procedure of cross-examination in trial is rough in law,the process of cross-examination is formalized,and the effect of cross-examination is not good.Fifth,there is a paradox in the judge's admissibility of the expert opinion,legal regulations are quite different from practical practices.The fourth part is the realistic approach to promote the reform of the cross-examination of criminal appraisal opinions.On the one hand,in the long run,when the law is amended in the future,the right of confrontation will be defined as the minimum litigation right enjoyed by the defendant,and will be defined as a human rights guarantee clause.On the other hand,in the current operation,from five aspects to improve: first,strengthen the pretrial display obligation of appraisal opinions.Second,reform the expert to testify in court system,strengthen the expert to appear in court guarantee mechanism.Third,improve the system of cross-examination,reasonably arrange the sequence of cross-examination,regulate the content of cross-examination,and improve the technical rules of cross-examination.Fourthly,improve the system of expert assistant cross-examination and the procedure of expert assistant appearing in court.Fifthly,standardize the admissibility mechanism of cross-examination results of appraisal opinions.