Research On The Mechanism Of Testifying In Court As An Expert Witness In Criminal Procedure

Expert testimony in court is an important means of cross-examination of expert opinions.However,there are still some problems in criminal proceedings,such as low rate of expert testimony in court and poor validity of expert testimony in court.There are still four problems in the system of expert testimony in court.One is that the parties to criminal proceedings have only the right to apply and have no right to start expert testimony in court;the other is that the parties to criminal proceedings is unfavorable to guarantee the personal right and economic right of the expert appearing in court.Thirdly,the expenditure of the expert appearing in court is not guaranteed.Fourthly,the measures to verify the effectiveness of expert opinions are relatively rare.Expert opinions belong to verbal evidence and should not be accepted without cross-examination.It is a good choice to assist both the prosecution and the defense to cross-examination expert opinions It is believed that further strengthening the construction of the cross-examination system of criminal procedure appraisal in court is to rationally set up the starting conditions for the appraiser to testify in court,to give the two parties limited right to start the appraiser to testify in court,and to restrict the judge's discretion.The second is to strengthen the personal safety of expert witness.Thirdly,the standard of expertise compensation for expert testimony in court should be clarified,the expertise fee for expert testimony in court should be included in the national financial compensation system,and the economic guarantee mechanism for expert testimony in court should be improved.Fourthly,the effectiveness of cross-examination of expert opinions should be strengthened,the procedure of cross-examination of expert opinions in court should be constructed,and pay attention to the role of expert assistant system.When both expert and expert assistant appear in court at the same time,the confrontation of expert opinions plays a more obvious role and improves substantive cross-examination.