A Research On Custody Necessity Censorship In China

In 2012 the new revised "criminal procedural law" the 192 th item 2 established the system of expert witness to appear in court, or the public prosecutor, the parties, the defenders and agents AD litem can apply for the court to inform people with specialized knowledge to appear in court, and give an appraiser’s opinion suggestion. On the one hand, the system is started by the judiciary and the concrete implementation, to ensure maximum judicial institutions for the lawsuit activity entire process control; On the other hand the surveyors are chose by strict inspection and registration, thus can guarantee the surveyor qualification level and characteristics of neutrality, thereby to make fair and reasonable appraisal conclusion. However, since the implementation of the system, there are a series of problems to be solved, including the expert witness to testify the litigation status is not clear, the witness appear in court to testify the selection mechanism of uncertainty, the principle of expert testimony of the witness to appear in court to testify workability and initiator of non-standard, expert witness to appear in court to testify the legal responsibility is not specific as well as an expert witness to testify the lack of corresponding supervision mechanism and so on. Through the expert witness system of continental law system and Anglo-American law system analysis of the system of expert witness to appear in court to testify the system content has been gradually matured in the process of constant revision and perfection, whether by the qualification of the expert witness, review, selected, and supervision measures are presenting many advanced experience. Accordingly, in view of the current problems existing in the system of expert witness to testify in our country, the article puts forward the rules for the common witnesses, the expert witness clarify its legal status and legal status, and the expert witness testimony as an independent type of evidence, shows its particularity, its difference with common testimony of witnesses; Should select and employ pass strict examination by judicial organs and include in the register of appraiser act as an expert witness; The expert witness to appear in court to testify the selection of the prosecuting and defending parties in rights to; Enforcement power gives an expert witness, inquiry right, the right to refuse the mandate, independently concluded; While the expert witness to testify should testify obligation, the obligation of confidentiality, respect the facts, finish the duty of expert evidence of the compulsory and accept their supervision, etc., and set up a responsibility system, supervision mechanism and so on. Thus construct a system from the macroscopic, perfect the system of expert witness to testify, play its due functions in the process of criminal procedure value.