On The Effective Cross-examination Of Expert Opinions In Criminal Proceedings

At present, because of the omissions of the legislative and misunderstanding in judicial practice, the cross-examination of expert opinions in criminal proceedings is seriously formalistic, far from achieving a more standardized and institutionalized system. Provisions about the expert opinion in the criminal procedural law of china are excessive principle, lacking of maneuverability; The expert witnesses generally do not appear in court; The parties are lacking of ability to control the cross-examination and judicial personnel has faith in scientific evidence, because that the cross-examination of the expert opinion is often a formality. In view of the above questions, based on the factors of effective cross-examination of expert opinion in criminal proceedings, this paper analyzes the significance of perfection of the effective cross-examination of expert opinion by comparison and empirical method, proposes a series of concrete system programs and supporting procedures to regulate the effective cross-examination of expert opinion.Except preface and epilogue, the text is divided into three parts, totaling thirty-three thousand words.The first part analyzes the concept, elements and significance of the effective cross-examination of expert opinions in criminal proceedings .The effective cross-examination of expert opinion refers to activities during the criminal procedure, in which both of the accused and the defendant have the same level of cross-examination ability and procedural guarantee, on the basis of these the accused and the defendant interview, enquire, explain, interpret, etc. the expert opinion in order to prove the existence and the influence of it, thus it will finally affect the judge's judgment. In order to realize the effective cross-examination of expert opinions, the following five elements must be have. Firstly, the pre-trial discovery of the penal expert opinion, the system provides for the parties to fully participate in preparation for trial opportunities; Secondly, expert testimony, expert testimony of both parties asked to accept as a premise of cross-examination activities; Thirdly, the parties have the main capabilities with cross-examination, the prosecution and the defense of cases involved have the identification of expertise, this is the key of the effective cross-examination of the penal expert opinion; Fourthly, cross-examination procedures reasonably practicable, improved cross-examination procedures provided a guarantee for the trial effective cross-examination of the penal expert opinion; Fifthly, there is a sound mechanisms to adopt advice for cross-examination of the penal expert opinion and the adoption of mechanisms provided the basis for judges and the parties to understand and distinguish the penal expert opinion .The five-points are interlocking elements, designed to achieve the effective interpretation of the penal expert opinion. Finally, the analysis to the value of the effective cross-examination shows the effective cross-examination of the theoretical and practical significance.The effective cross-examination of expert opinion ,to expose the information contained in the penal expert opinion, to identify defects and problems of it,which not only is the requirement to ensure the defense rights, but also the demands of achieving judicial fairness, besides which also complies with the current trial judge mode reform trend , with great significance.The second part contains the detailed analysis of cross-examination of the criminal status of the penal expert opinion, that the lack of effectiveness, a mere formality of cross-examination. Expert opinion in the pre-trial discovery system is not perfect, experts generally do not appear in the court, the lack of cross-examination of the main capabilities, the cross-examination procedures and the adoption of mechanisms is imperfect, and so on. In the last part, in order to ensure the smooth and effective implementation of the cross-examination activities, the author holds some views. These systems include: (1) the improved pre-trial penal expert opinion discovery system; (2) establish a sound expert to testify in court system, a clear identification of people forced to appear obligations, provides expert court exceptions, the establishment of the right of security system for expert to appear in court ; (3) the introduction of expert advisor system, enhances the ability to cross-examine; (4) improve the expert opinion of the cross-examination procedures and a clear cross-examination system; (5) views the adoption of mechanisms for improving cross-examination in order to provide expert opinion to the adopted system.The article totally has thirty-five thousand words, has a preliminary study on the effective cross-examination of penal expert opinion. As personal capacity constraints, there are some views are not perfect. So the author deeply hopes that the teachers and readers can give some criticism.