Research On The Effective Cross-examination Of Criminal Judicial Appraisal Opinions

In criminal proceedings,judicial appraisal that expert issues appraisal opinions is used to solve problem in judicial practice in order to effectively identify and judge the professional issues involved in the facts of criminal cases.Judicial appraisal opinions played an important role due to its scientific nature,especially in confirming the relevant facts of the case and verifying relevant evidence.However,it does not mean that it can become critical judgment without any review.In recent years,with big improvement of our law construction,many laws and regulations concerning judicial appraisal have been promulgated the ability of review and application of appraisal opinions has been continuously improved.And the value of judicial proof of appraisal opinions are greatly been enhanced.However,China’s current regulations on appraisal opinions are fragmented,and the judicial appraisal system still needs to be perfected.Recent judicial correction of a large number of cases of injustice and falsehood reflects that there are still problems in the criminal proceedings of judicial appraisal opinions.For instance,the formalization of the cross-examine process,the low testimony rate of appraisers in court,and the lack of cross-examination procedures for trials affect the effectiveness of cross-examination opinions;the imperfect expert appearance testimony system,unclear litigation status and rights and their late involvement in criminal proceedings affect the effect of cross-examination of expert opinions;In the criminal proceedings,the defendant’s cross-examination function was ignored,and the appraisal opinions were not fully disclosed before the court,and the defendant could not obtain all the judicial appraisal opinions,and the role of defence lawyers is limited,which all made it difficult for the trial cross-examination to obtain effective results.Different from China,the two major legal system countries in the world have conducted long-term research on the judicial application system of expert opinions(expert testimony),and gone through a long period of judicial practice verification,they have formed a relatively complete and effective cross-examination theory system and practical experience regarding appraisal opinions(expert testimony).Through a comparative study of the differences and commonalities between the two major legal systems of expert opinion cross-examination system and learning their beneficial experience,we can construct the effective cross-examination system for judicial appraisal opinions in criminal proceedings in China combined with our national conditions.The problem studied in this article is precisely in conformity with the trend of the "trial-centric" litigation system reform.In view of the fact that the current judicial appraisal opinion in China is difficult to obtain effective judicial results in the process of cross-examination in criminal proceedings,this article proposes to improve the rules of the trial cross-examination procedure in terms of promoting the appraisers to testify in court and constructing cross-examine rules consistent with China’s national conditions;to Improve the assisted cross-examination system for persons with expertise from the perspective of clarifying litigant status,litigation rights,and appropriate early involve in criminal proceedings;to protect the defendant’s cross-examination rights by implementing the process of judicial discovery before the court and strengthening the role of defense lawyers so as to achieve an effective cross-examination of the opinions of criminal justice.