On The Evidential Eligibility Of Forensic Expert's Conclusion And Its Rules

"With the amazing development of science and technology in past 50 years, in the judicial field, the new approach that confirm the facts has begun to challenge the traditional methods. More and more important facts on proceedings can now search through the high-tech ."Findings of fact of science and technology has become an important trend in modern trials, expert conclusions on the status of the proceedings become more and more prominent. However, besides expert conclusions in helping the judge to explore the truth, it is easy to fall into the "scientific evidence"trap. The judge is "blind" to follow the appraisal conclusion , regards it as the key facts of the case evidence without review, making the wrong identification of a large number of false conclusions and "junk science" mixed court. it has seriously affected the case judge correctly identified the facts . How to prevent false conclusions and erroneous identification of "junk science" from court to protect the expert conclusion of judicial activities in China to play its due role is legislation and practices of litigation should confront. Resolution of this issue is to establish an effective appraisal conclusion evidence ability system to regulate the expert conclusion of the application in the proceedings. This paper is divided into three parts, about thirty-eight thousand words:The first part is an overview of the capacity of expert conclusion of evidence. The author described in depth on the expert conclusion of the title and concept, identification and the relationship between the concepts, conclusions ability and the necessity of standardization the appraisal conclusion evidence ability system, and related factors ,content of the tppraisal conclusion evidence ability system. By interpreting a controversial viewpoint of scholars on the concept of identification, appraisal conclusion evidence ability, defined the specific content of this keyword, so that concept is clear, demonstration targeted. It responds and answers to why to regulate the appraisal conclusion evidence ability, and focuses on the factors and content of evidence of expert conclusions should be standardized.The second part presented the general rule of evidence of ability to standardize identification of the conclusions. Association rules, the hearsay rule and the Exclusionary Rule are the general rules that to regulate the ability of all the evidence,the conclusions as a form of evidence, is applicable,too. Identification of the conclusions from the hearsay rule which itself is based on hearsay and expert conclusions based on the fact that the two dimensions that hearsay exclusionary rule of expert conclusions are discussed in detail ; illegal evidence exclusion rules demonstrates on identification of sources of information , identification procedures, security procedures and avoidance procedures , conclusions of form and content of the legitimacy ----the four elements of the evidence against the ability of expert conclusion.The third part discusses the ability to standardize identification of the special rules of evidence conclusions. Divided into four sections, respectively, the expert explained the rules for eligibility, conclusions need to use the rules, conclusions adhere to the rules of fact, conclusions of the reliability rules. Section surrounding the identification of eligible persons, compared the two legal legislation, and to analyze the norms of qualification of problems, proposed adjustments and improve standard of qualification of countermeasures; Section II points out that only when the use of specialized issues involved expert conclusions, or do not have evidence of ability to identify conclusions; Section III that the expert conclusion is stuck with a question of fact and can not encroach on the legal issues, or should deny the evidence of capacity; the final conclusions of an emphasis on identification of capacity to obtain evidence of identification must also meet rules of authenticity and adequacy of the information, conclusions depend on the reliability of scientific principles and methods of rule.