On The Thorough Trial Certification Of Criminal Expert Opinion

In the current judicial context,the relationship between science and the law has transformed from the fusion relationship into the relation of understand and be understood.This "relationship" can only be utilized in the legal proceedings.In the criminal trial procedure,judge’s certificating of criminal expert opinion is the main manifestation of this relationship.Criminal Procedural Law(2012) changes the old "conclusions" to "expert opinion".The change from "conclusion" to "expert opinion" makes it sure that trial certification has become the premise condition of the conviction and sentencing.However, there exists many problems in China’s current certificating of criminal expert opinion which were mainly reflected in the subject’s lack of ability,the object’s lack of evidence ability,the defect in structure of cross-examination procedure and the error in certification as well as the parties seek relief through non normal channels.These problems make it hard for china’s criminal trial procedure especially the procedure of first instance realizing thorough fact trial from the perspective of the certification of expert opinion.So the key point to solve these problem is to establish a idea of thorough trial certification which makes the subject,object,method,security and responsibility of trial certification reach the standard of thorough.In this way,the trial certification to criminal expert opinion can meet the basic requirement.This paper consists of five part except the introduction and conclusion.The first part is theoretical of trial certification of criminal expert opinion.At the theoretical level,trial certification,criminal trial certification and trial certification of criminal expert opinion these three concepts have inclusion relation.Trial certification is different from the examination and judgment of evidence,the utilization of evidence and the review of evidence.It is a procedure in which judge analyze evidence to determine whether adopt it or not.Criminal trial certification is a kind of judicial proving activity in which criminal judge can certificate the evidence material’s admissibility and ability from proofs,cross-examined and debated by both parties under the adversarial trial mode.Theory of criminal trial certification is the basis of theory of trial certification of criminal expert opinion.Trial certification of criminal expert opinion is the specific performance of theory of certification of criminal expert opinion in trial procedure.At the current legislative level,rule of certification of criminal expert opinion can be found in criminal procedure law,judicial interpretation,evidence rule and provisions of judicial identification.In terms of theoretical form,theory of certification of criminal expert opinion consists of subject,object,content and purpose.The second part mainly discusses the current justice and problem of trial certification of criminal expert opinion.At the subject level,trial judge don’t have the ability to certificate expert opinion for the lack of consciousness,ability and knowledge.At the object level,the admissibility of expert opinion will be questioned for the partial subject and the problem of identification method.At the responsibility level, there are many flaws in trial certification of criminal expert opinion at this stage for the expert’s unwilling to appear before the court,controversy on attribute of expert assistant and participation of lawyer.At the responsibility level,judge’s pushing the responsibility to expert when opinion is not accepted by parties or error verdict makes it hard to mediate dispute and cause complaint and petition of expert opinion.The third part mainly analyses the theory of realizing expert opinion’s reliability which is the theoretical basis of solving the problem existing in the certification of expert opinion.The reason why verdict is not accepted by parties mainly lies on the expert opinion’s lack of reliability.The authority of expert opinion is a kind of Rational—Legal which is relation to justice.The base of this theory is reliability of science including science of testing and experience.The core of this theory is the due process mainly lies on challenge,start,cross-examination of appraisal of justice and court investigation in criminal procedure.The reflection of the reliability of expert opinion is the standard of acceptable.This standard can help reach the particular reliability conveniently and reasonably when reaching the reliability of expert opinion through procedural justice.It is process of trial certification that realizing expert opinion’s reliability.The fourth part put forward the idea of thorough trial certification of criminal expert opinion.This idea embodies thorough fact trial from the perspective of trial certification.The concept of the idea is:In criminal procedure,the judge who have learned theory and method of appraisal of justice certificate the admissibility and ability of expert opinion to reach a verdict whether to adopt it or not using rule of logical evaluation of evidence under some assistant and responsibility after testing the evidence material’s source using particular rule of admissibility.The characteristics of this kind of certification are that the “place”of certificating is trial,the subject is judge who has ability,expert opinion’s admissibility is ruled by evidence law,expert opinion’s ability will be adopted by judge through logical instructions,the process of certificating gets assistant and someone will take responsibility of certification.This kind of certification can be embodied in subject,object,method,assistant and responsibility.The current mean of raising this idea includes elevating reliability of science through due process,inspiring improvement of mode of criminal trail certification and sorting out the way of the development of expert testimony.The fifth part mainly construct the rule of certification for criminal expert opinion.The rule of admissibility of expert opinion includes authentication of material and exclude of illegal expert opinion.The essence of the rule of expert opinion’s ability is the identical cognizance theory.Take expert opinions in signature handwriting as an example,judge mainly certificate its characteristic’s quantity and quality as well as standard of identical cognizance.