The Effective Cross-examination Of Criminal Appraisal Opinions In The Context Of Trial-centrism

The decision of the CPC central committee on several major issues concerning comprehensively advancing the rule of law state.We will fully implement the rules governing the adjudication of evidence,improve the system of witnesses and expert witnesses appearing in court,and ensure that trials play a decisive role in ascertaining facts,ascertaining evidence,protecting the right to appeal,and making impartial judgments.This statement not only shows the decisive role of trial,but also emphasizes that cross-examination is the core of criminal trial.In the criminal procedure law of our country,the appraisal opinions,as the evidence of words,often form the presupposed legal effect with their scientific and reasonable images.Because and judges the prosecuting and defending parties do not have relevant professional knowledge,combined with the expert witness to appear in court cross-examination rate is low,the defense cross-examination rights is neglected,the lack of rigorous cross-examination rules,causes the appraisal opinions of cross-examination become a mere formality in the process of trial,did not play its proper litigation role,inter alia,expert opinion was blind by the judge,nail,causing frequent wrongs.The reasons are mainly caused by the lack of specific legislation on the cross-examination of expert opinions,the imbalance of litigation rights between the prosecution and the defense,and the unclear legislative positioning of expert assistants.By referring to relevant experience outside the region,countries of common law systems generally establish sound verification procedures,such as establishing a protection mechanism for expert witnesses to appear in court,cross-questioning expert testimony and other aspects to ensure that expert testimony can be effectively crossexamined.Continental law countries mainly through the clear identification of cross-examination content and improve the system of expert auxiliary people security expert opinion effective crossexamination,start with a clear appraisal opinions in China,on the basis of effective crossexamination should follow the principle of by building an independent appraisal opinions crossexamination rules,clear the status and role of the judge in the appraisal opinions cross-examination,improve the system of cross-examination.This article first from the trial center doctrine and appraisal opinions on the theoretical overview of cross-examination,discusses the basic requirements of the trial and evaluation of the content and characteristics of cross-examination,and judge the meaning of the context of centralism appraisal opinions effectively cross-examination,secondly analyze the present situation and reason of the appraisal opinions cross-examination,and the comparison of the extraterritorial criminal appraisal opinions cross-examination procedure,summed up the enlightenment to our country,the final judgement on the context of centralism appraisal opinions effectively cross-examination in the improvement of the specific recommendations.