A Research Into The Expert Conclusion

The expert conclusion, as one of the legal evidence defined in the procedural law, plays a significant character in the judgment. The expert conclusion isn't appeared together with the fact of case but a estimated consequence made by the appraiser in the process of analysis and discursion based on specific affairs. From the launch of identification to the expert conclusion becomes the evidence of verdict, it can be divided into 4 parts: the procedure of launch; the procedure of execution; the procedure of cross-examination and the procedure of authentication. The paper focus on the systems of making unit, launch, cross-examination and authentication in the expert conclusion.The first chapter is the making unit of the expert conclusion. The system of appraiser is the key for whole system of identification and rooted foundation for securing logic of the system of identification. The system of making unit tells a different in the section of legislation and practice between two legal families. The issue existed in the current appraiser system is pointed out in the system of making unit comparison between two legal families by the author who then put forward the specific suggestion to consummate the system of appraiser in our country based on his trying cases.The second chapter is the launch system of the expert conclusion. The launch of the identification is the initial procedure plays a significant character in judgment system. In Anglo-American law system, each party has the equal right of launch of appraise while in Continental legal system the judge has the completely right for that. By the evaluation of the pros and cons in the launch system in two legal families, compose with "qiuxinghua murder case" which has a great reaction in society, the abuse of our identification launch system is pointed out and consequences with the improve idea.The third chapter is cross-examination system of the expert conclusion. The cross examination regulation is the same for both expert's attestation and attester's attestation in Anglo-American law system; while in Continental legal system the conclusion of the identification is considered as a specific type of evidence with its own regulation. Through comparing the two legal families herein with the specific case, facilitated with the cases tried in our court , the abuse of cross-examination system of the expert conclusion is pointed out and constructive improving scheme is subsequently brought forward.The forth chapter is the authentication system of the expert conclusion. Authentication is most significant one amongst the four elemental sections of judicial proof, namely obtaining proof,putting to the proof,cross-examination,authentication, and also underlie the all the judgment activities. By comparing with the authentication regulation in two legal families with the analysis of the current situation of authentication in our country and the cases cognized by the author and "assaulting police case in shanghai zabei", the idea to improve our authentication regulation of the expert conclusion is elaborated.