| With the advancement of the reform process of the trial centered litigation system,a large number of professional and specialized issues in litigation need to be identified and judged.The resolution of these professional issues plays a decisive role in the adjudication of cases.Song Ci,a famous criminal expert in the Song Dynasty,once said that "prison matters should not be more important than the Great Revolution,the Great Revolution should not be more important than the initial situation,and the initial situation should not be more important than the test".From the perspective of current judicial practice,there are still some problems in the acceptance of judicial expertise on personal injury in criminal cases,such as repeated identification and misplaced identification opportunities.These problems hinder the fair trial of criminal cases,are not conducive to the realization of judicial justice,and are not conducive to protecting the legitimate rights and interests of the masses.How to overcome the problems of judicial expertise on personal injury in current criminal proceedings,How to improve the admissibility of judicial expertise on personal injury in criminal cases is worth discussing and studying.In addition to the introduction and conclusion,this paper is divided into four parts.In the first part,the problems and reasons for the acceptance of judicial expertise on personal injury in criminal cases,the author elaborates the current situation of the acceptance of judicial expertise on personal injury in criminal cases in China,and puts forward the problems that affect the acceptance of expert advice,such as repeated identification,identification overtime or poor timing,non-standard identification procedures,and independent identification,and finds out the reasons from five aspects,It provides a research basis for the next step to improve the credibility of judicial expertise on personal injury in criminal cases.The second part,from the perspective of the construction of laws and regulations,proposes to issue the Judicial Expertise Law,establish and improve the unified management system of judicial expertise on personal injury in criminal cases,expert assistant system,expert juror system and other laws,regulations and institutional mechanisms,so as to lay the institutional foundation for the acceptance of judicial expertise on personal injury in criminal cases.The third part,from the perspective of administrative management,puts forward such measures as supervision and management of judicial expertise on personal injury in criminal cases,accountability for violations of laws and regulations,construction and training of professional teams,and normative guidance of the industry,so as to promote the reliability of judicial expertise on personal injury.The fourth part,from the judicial point of view,explores and puts forward the principles of legality,reasonableness and objectivity of the judicial expertise opinion review of personal injury in criminal cases,and puts forward the rules of comprehensive review,exclusion of illegal evidence,and expert testimony in court,trying to standardize the acceptance of judicial expertise opinion of personal injury in criminal cases. |
