Research On Effective Cross-exzamination Of Expert Opinions Under The Substantialization Of Court Trial

Substantialization of court trial is the core content of "trial as the center",that is to say,according to the functions of the three parties in the court,through fact investigation,evidence cross examination and court debate,to help the judge find out the truth and try the case.The proof and cross examination of evidence is one of the substantive contents of court trial.In the past,the formalization of the process of court trial was a common phenomenon in the judicial practice in China,which also resulted in the formalization of cross examination of expert opinions.In order to protect the rights of the defendant,realize the equality of prosecution and defense and implement the principle of direct speech,it is necessary to cross examine the appraisal opinions effectively.In order to better realize the substantiation of the court trial,China specially revised the relevant issues of judicial expertise in the revision of the criminal procedure law in 2012,which had a certain impact on the judicial practice of China.Over the past six years,although some improvements have been made,there are still deficiencies.The judge's over reliance on the expert opinion leads to the formalization of the examination and cross examination of the expert opinion,the low rate of the expert appearing in court,and the insufficient ability of the defense to cross examine are all the reasons why the expert opinion can not achieve effective cross examination.There are detailed regulations on cross examination of expert opinions(expert testimony)in common law system and civil law system.We can learn from foreign laws on the content of cross examination of expert witnesses,cross examination rules and expert assistant system,and further improve the system of our country.At the same time,in judicial practice,it is necessary for the court to change its inherent concept of credulity in appraisal opinions,fully protect the right of cross examination of the defense,so as to realize the confrontation between the prosecution and the defense in court,fully listen to the cross examination opinions of the prosecution and the defense,so as to find out the truth of the case and make a fair,just and open judgment.First of all,this paper demonstrates and explores the significance of effective cross examination of expert opinion by summarizing the basic theory of substantiation of court trial and effective cross examination of expert opinion.Secondly,it analyzes the main problems existing in the cross examination of appraisal opinions.Thirdly,through the comparison between the common law system and the civil law system,we can find some references.Finally,according to the existing problems put forward solutions,while further implementing the system of expert appearing in court,change the traditional trust concept of the judge to the expert opinion,optimize the cross examination environment of the defense,in order to achieve effective cross examination of the expert opinion.