Research On The Cross-examination Of Criminal Identification Opinion

Evidence is the cornerstone of the rule of law,in order to achieve the rule of law must achieve the rule of law of evidence.Due to inadequate legislation and obstacles in judicial practice,China’s criminal appraisal system still has many places that need to be improved,and the imperfection of the relevant system has become a resistance to the realization of the rule of law of evidence and even the rule of law in the country.Therefore,this paper discusses the issues related to the criminal appraisal opinion cross-examination,in order to achieve the ultimate goal of effective criminal appraisal opinion cross-examination in China,and put forward suggestions for improvement.The first part provides an overview of the basic theories of criminal appraisal challenge in terms of its meaning and value.In the second part,we study the foreign criminal conclusive evidence system,compare different conclusive evidence models,and provide a reference path for improving the domestic system.The third part focuses on the problems of criminal appraisal cross-examination in China,among which the most prominent problems are found to be the inappropriate role of key cross-examination subjects,the formalized content of cross-examination and the imperfect way of cross-examination,and further deconstructs the deep-seated reasons behind the problems.The fourth part puts forward suggestions for improvement,one is to protect the role of the criminal appraisal subject of cross-examination,including innovative ideas to establish a new model of criminal appraisal "1+1" to address the difficulties of the appraisers to appear in court,improve the system of expert supporters,while different from previous studies,from the legislative basis,legal basis,as well as the practical needs,etc.The new model of "1+1" should address the difficulties of expert support system,and improve the expert support system,while different from previous studies,from the legislative basis,legal basis,as well as the practical necessity and other aspects of the argument,emphasizing that the prosecution should strengthen the review of the identification opinion to ensure the quality of the trial examination.The second is to clarify the content of the criminal appraisal cross-examination,based on existing legislation,from the two main characteristics of the legal and scientific attributes of the appraisal,emphasizing that the appraisal must be fully and effectively cross-examined in both the formal and substantive elements.Third,improve the way of criminal appraisal cross-examination,implement and improve the cross-examination system,change the status quo of formalization of cross-examination,and finally realize the effective cross-examination of appraisal opinions.