Research On The Procedure Of Cross-examination In Criminal Court Trials

In addition to its professional characteristics as scientific evidence,the cross-examination of the appraisal opinion used as the basis for the verdict needs to be cautious.However,in judicial practice,the judges’ determination of the appraisal opinion often stays in the form and superficial,so it is very necessary to examine the cross-examination procedure and the cross-examination rules of the appraisal opinion.After reviewing the existing laws and regulations,my country has stipulated the system of appraisers to testify in court,the rules of expert assistants,the rules for informing appraisal opinions and supplementary appraisal,and the rules for re-appraisal,and the interrogation rules applicable to the procedures for cross-examination of appraisal opinions.Rules and systems for cross-examination of opinions.The introduction part introduces the origin,research purpose,research methods,research status,innovations and shortcomings of this article.The first chapter of the main text is an overview of the appraisal opinions and the procedures for cross-examination of the appraisal opinions.Compared with other evidence,the expert opinion has the characteristics of both scientificity and legality,subjectivity and objectivity.However,the cross-examination of the expert opinion has the particularity of multiple subjects,extensive and complex cross-examination content.The cross-examination procedure of expert opinions should also be committed to the realization of the value goals of fair trial,true discovery and the effectiveness of litigation.The second chapter is about the current situation and the main problems of the verification process in China.The first section is about the risks in the verification process,which makes the appraisal Opinions are easily influenced by internal factors such as the expert knowledge level and ability level of the appraiser,as well as the environment in which they are located,because they are dressed in the cloak of "science" or "technology".The second section is about the roughness of the examination procedure of the expert opinion.On the one hand,it may not be able to play the function of removing the false and authenticating the authenticity of the examination procedure.The other party’s unclear focus of the expert opinion during the court trial caused delays in the litigation.The third chapter of the main text examines the procedures for cross-examination of foreign expert opinions.First,as a typical litigation system based on litigation,the United States pays attention to the establishment of a standardized authentication system.In the United States,special forensic science standards were established.In the following years,the American forensic science management system has undergone a series of improvements,and gradually formed the United States is gradually evolving into a comprehensive governance model led by the government and supplemented by civil organizations.However,Germany has clarified the establishment and qualifications of the appraisal agency by limiting the subject and matters of appraisal initiation to prevent errors in appraisal opinions.In the cross-examination procedures of expert opinions,the United States has formed a systematic expert evidence discovery,pre-trial meeting,and cross-examination system.It has rich experience and standardized operations,and promotes the discovery of the truth of the case through the review of expert evidence.The last part of the text is a suggestion for the improvement of our country’s expert opinion cross-examination procedures.The first is to improve our country’s expert opinion disclosure.The disclosure obligation allowing expert assistants to intervene in the discovery of evidence in advance.Secondly,to clarify the scope of the appraiser’s appearance in court,at the same time strengthen the protection of the appraiser’s appearance in court,and improve the way of using multimedia to participate in the court hearing remotely.The third is to create a litigation concept and system environment that is conducive to the operation of the appraisal opinion inquiry procedure,straighten out the order of multi-subjects inquiring of the appraiser,grasp the limits of confrontation for inquiry,and establish appropriate inquiry rules.Finally,the supporting procedures for cross-examination need to be improved.