Research On The Cross-examination Of Criminal Judicial Expertise Opinions

Criminal judicial expert opinion plays a very important role in determining the facts of a case by the referee,and due to its professional characteristics as scientific evidence,it is necessary to be cautious about the cross-examination of the expert opinion used as the basis of a case.However,in judicial practice,the judge's determination of the expert opinion is always in the form and surface,so it is necessary to examine the cross-examination procedure and rules of the expert opinion.The expert opinion is the professional opinion issued by the expert according to the special problems,combining with the inspection means,professional knowledge and accumulated experience in the field of professional discipline,which has a strong color of opinion evidence attribute.Because it is often beyond the scope of the judge's knowledge and common sense,judicial practice has to replace the judge to determine the facts.Both countries of the two law systems are applicable to the exception of the rule of exclusion of opinion evidence,which can be used as the basis for the determination of cases.However,based on their different modes of litigation,countries of the Anglo-American law system mainly adopt the expert witness system,while countries of the continental law system mainly use the rule of expert expert and "expert auxiliary person".Therefore,the cross-examination rules adopted by various countries for the judicial expertise opinions are different from the corresponding cross-examination procedures,which are in line with the essential requirements of their own litigation modes.The cross-examination procedure of judicial expertise in China has gone through a "linear process" from examination and confirmation,to cross-examination,and finally to adoption and acceptance.Both the examination and confirmation and the cross-examination rules can be divided into the formal level and the substantive level.After reviewing the existing legal norms,through concerning judicial authentication in the form of censorship in China is much heavier than examination as to substance,the "review" is not limited to the supreme people's court on the applicable criminal procedure law of the People's Republic of China the interpretation of the provisions of article eighty-four of the,but also extended to the criminal procedure in the whole process of the appraisal opinions of cross-examination procedure.Among them,the formal examination mainly includes the qualification of the subject of the examination and appraisal opinion,the source,acquisition,storage and delivery of theinspection materials,the key formal requirements and so on.The substantive examination mainly focuses on whether the discussion centers on the "special issue" and whether it is related to the facts to be proved.In accordance with the content of the examination of expert opinion,a series of rules and systems for the examination of expert opinion are stipulated in China,including the system of expert appearing in court to testify,the rules of expert assistant,the rules of informing expert opinion,supplementary expert opinion and new expert opinion,and the rules of questioning applicable to the procedure of the examination of expert opinion.Both of them are the reference and improvement of the rules adopted by the two law system countries,such as the cross-examination rules;There are also provisions that conform to the characteristics of the socialist legal system with Chinese characteristics.However,in recent years,the problem of factual errors in case determination due to the defects of the cross-examination procedure of expert opinions in judicial practice indicates that the cross-examination rules and systems of judicial expert opinions in China still need to be improved.