Research On The Judgment Of Expertise Opinion Examination In The Investigation Link

When certain special issues relating to a case need to be solved to clarify the circumstances of the case,experts shall be assigned or invited to give their opinions.As one of the eight statutory evidences in the new Criminal Procedure Law of China,expert opinion is scientific and regarded as "scientific evidence".Some expert opinions like DNA have become the key evidences for identifying crimes in the investigation process.In the process of criminal procedure,especially in the investigation phase,investigators' attitude towards expert opinion,as well as their abilities to examine and judge the case,would have a strong impact on the review and judgment of expert opinion.The author aims to analyze the main problems existing in the examination and judgment of appraisal opinions in the investigation process,such as the over dependence on the expert opinion,the careless examination to the expert opinion,neglectful protection of appraisal materials and the indifference of submitting appraisal materials.The above-mentioned problems may lead to a situation that the expert opinion is regarded as illegal evidence and excluded from the valid evidence,even becoming one of the main reasons of wrongful convictions.These are all relevant to appraisal mechanism,investigation mechanism,litigation procedure,personnel quality and technological level.Investigation is the first link in criminal procedure and also the last checkpoint in examining and judging the evidence,therefore,the expert opinion plays an important role in the investigation.Through the guidance of the civil law system and common law system,the paper probes into "separation of investigation and appraisal" of public security organs,the restriction mechanism of the right to start appraisal of public security organs,and the responsibility mechanism of investigators.It also concludes the examining approaches,examining standards and entity responsibilities.With the help of professionals like experts and specialists,the policies on how to examine the expert opinion should be built,and the investigators would examine the expert opinion legally,scientifically and efficiently,to ensure the evidentiary ability and probative force of expert opinion.