The System Of Judicial Expert Testifying At Court

With the continuous development of the society, the social division of labor has become increasingly refined. Thus, judgers would encounter many professional issues when dealing with the facts of cases,such as fingerprint recognition, identification of DNA, identification of blood alcohol concentration as well as identification of mental health. In this case, the assistance from professional people would be highly needed in order to help the judgers make the right judgments. Due to the scientific, professional and accurate nature of judicial identification, the results of it have a great impact on the investment and judgment of cases. With the continuous development of society, the modern cases are increasingly complex and specialized, which highlights the significance of judicial identification in the modern judicial fields. Therefore, every country attaches great importance to the design of the judicial identification system. In Face of complex and highly specialized cases, the judicial experts focus on finding out the facts of cases and using their specialized knowledge and skills to give scientific analysis and opinions. As the core of judicial identification, the opinions from the experts would be the important evidence for fact judgments. Thus, judicial expert testify at Court conform to the requirement of the right to examining the testimony, and is also a symbol of judicial fairness. In court proceedings how should the judicial experts appear in court in order to maximize the effect of experts' opinions, instead of becoming "Super evidence" and having an impact on the judges who exert comprehensive judgment. The System of Judicial Expert Testifying at Court is to study the breadth and depth of the participation of experts in the proceedings. It not only to fully protect the judicial experts' appearance effects, but also to prevent them become "judges" of the case facts. This article mainly focuses on 3 aspects in order to conclude an appropriate complete method regarding the system: the summary of the basic theory of expert testimony system, the study of the same system in other countries, the situation of the judicial experts' appearance at court in China. It aims to explore how to protect the experts' professional opinions to make the judicial personnel understand; the parties trust and maximize its effect without making it become "scientific judge", the decision-maker of the case trial. This not only enables parties fully understand and trust the identified facts but also make the case more explicit, which will help the judge to hear the case.