Analysis Of The Application Of Judicial Expertise In Wang's Intentional Injury Case

Intentional injury case is common in China's judicial practice.The judicial expertise opinion on the victim's "degree of personal injury"(also called state of an injury)is one of the most important proofs of this kind of case,playing an irreplaceable role in determining the nature of the case,litigation results,etc.In an intentional injury case of a certain Wang(hereinafter referred to as Wang),after three times of injury appraisal to the victim and four trials,the defendant was eventually acquitted and offered state compensation.Centering on the key evidence of the victim's injury appraisal,the defendant,the victim and the judicial organ in this case have three controversial points: whether the victim should perform the obligation of re-appraisal,whether the examination opinions of the documentary evidence issued by the judicial expertise organ can be accepted as evidence,and whether the verdict of Wang's innocence should be made.The existence of the above controversies is an objective reflection of the imperfect re-appraisal procedure,the non-standard review and acceptance of appraisal opinions,and the need to establish and improve the relevant judicial expertise system.Reappraisal is systematically designed to correct wrong identification,so the injury reappraisal will facilitate finding out the case facts.However,in Wang's intentional injury case,when the court started the reappraisal,there existed such defects as lax review,non-conformity to the stipulations of technical appraisal,and so on.The victim surnamed Zou should perform the duty of reappraisal,but legal system at the current stage to enforce the victim to take reappraisal is imperfect.Document examination is a kind internal system design of the procuratorial authority to review evidence and conduct supervision.If a judicial expertise institution issues a certificate of document examination,it is beyond its scope of practice.As a result,absence of standard,improper procedure,deficiency of materials,etc.,will exit in the document examination to the victim 's injury.Therefore,document examination should not be adopted as evidence of the case mentioned above.In this case,the appraisals of minor injury issued by t wo judicial expertise institutions are neither objective nor certain.They shouldn't be used as the evidence that Wang committed intentional injury.When the conclusion of judicial expertise fails to exclude reasonable doubt,and proper evidence through reappraisal is unable to obtain,it is suitable to bring in a verdict based on the principle of “in dubio pro reo”.Since there are some defects in injury appraisal,it is necessary to establish a mandatory expert testimony system and regulate the judges' discretion in judicial expertise.