A Study On The Cross-Examination System Of The Judicial Authentication Opinion

In the procedure of lawsuit,the cross-examination of expert opinion refers that both sides of a lawsuit activity examine the authenticity, relevance and legitimacy of the expert opinion by means of questioning, rebuttal,confrontation,identification,display,read,show and debate when doubt the judicial expert opinion,thus accept or reject its credibility.The cross-examination of expert opinion is a kind of lawsuit that has a heavy effect on the judge.There are so many problems with Chinese cross-examination of expert opinion in judicial practice.This paper carries out comparative analysis of the present situation of Chinese cross-examination of expert opinion based on the review of the legislative rule on cross-examination abroad,and tempts to establish a cross-examination system which consists of content,procedures, supporting system and also is suitable for Chinese judicial environment.As for the content,we suggest the mix of strong type and weak type of authority doctrine litigant,and must be as clear as possible.In matters of the procedures,we suggest optimizing the rules of cross inquiry and strengthening the status of the defense lawyer. When it comes to the supporting system,we propose to establish the appraisal opinions of pretrial discovery system, to strengthen the court testimony system and to introduce the expert assist system.