Expert Conclusions Criminal Trial Procedures

With the social development,technological progress and the elaboratipon of professional labor division,the expert conclusion,an independent category of evidence,has a significantly increasing influence on fact finding. Legal proceedings rely more and more on the specialized knowledge,experience and skills of the expert(expert witness)for the purpose of finding the facts.Howerer,it is legally worried that too much independence on the expert conclusion may result in the hazard that the expert witness might,on behalf of the case hearer,find the facts Therefore ,the establisbment of a scientific and rational procedure on the expert witness has become an burning issue of modern legislation and judicialadministration.This dissertation falls into three parts, more than 60,000 words in all. Starting from the research into the basic conception of the expert conclusion,it predicts the tendency on the basis of both the cause for the formation of the expert conclusion. By means of expounding the evaluation starting procedure,the producing procedure of the expert conclution,and the procedure of Telief,referring to the successful experience of western countries,and innovating China's current procedure of the expert conclusion,the writer puts forward his suggestions on the perfection of the expert conclusion,and gives constructive ideas on the legislation of judicial evaluation and the amendment to the procedural laws.The first part:summarization of the appraisal conclution. Part I will firstly discuss the different roles of expert evidence in internationalperspective, and then come to a conclusion guiding the re-constructing of expertevidence in China.The second part: The confrontational procedure of the expert conclusion. On the theoretical basis of the confrontational procedure of the expert conclusion of the two law systems,the writer analyzes the reasons for the Continental Law System to establish the pre-trial procedure,and probes into the advantages of the confrontation by the expert testimony in the Anglo-Saxon Law System and the hazard arising from the abuse of the confrontation by the expert testimony .After an analysis of China's current confrontational procedure of the expert conclusion,the writer suggests the pre-trial procedure of the expert conciusion,the expert witness apperance in court,the re-establishment of the the system of cross-examination,and an introduction to the expert witness,on the basis of all of which,China's confrontational procedure of the expert conclusion shall be re-establishment.The third part: perfection of the system of the attestation of appraisal conclusion in China. To perfect the system the attestation of appraisal conclusion in China,we should focus on how to perfect the rules ,basises and means of the attestation of appraisal conclusion.