Study On The Application Of Criminal Identification In China

Expert opinion plays an increasingly important role in litigation activities.However in recent years,as more cases in which people were unjustly are revealed,such as “Du Peiwu”、“Nie Shubin”、“Nian Bin”,the drawbacks of expert opinion result in the deviation to the case facts,making the scientificity and objectivity of the Judicial Expertise are being questioned,which sparking the theoretical fields to take close attention of the system and process of the Judicial Expertise.Based on our national conditions,The paper takes problems faced by expert opinion in the judicial practice as the clue,compared the Continental legal system and the Anglo-American law system,combined the Criminal Procedure Law、the Judicial Expertise and the Investigation science and other subjects,the aim of studying on the application of criminal identification in China is to offer a rational proposal.The first chapter and the second chapter elucidate the definition of Expert opinion and diatinguish from other similar conceptions,analyse the questions of Expert opinion in judicatory practice and find out the reasons of existing problems,which lay the foundation for later discussion.The third chapter compares research fruits about criminal expert opinion application between the Continental legal system and the Anglo-American law system,mainiy about startup procedure 、 cross-examintion and confirmation.Based on the research results,both of them were focusing on the question of “expert opinion”,and formed a relatively perfect system.Although there are many differences exists in the two legal system in system design,with the development of era,both of them also draw lessons and assimilated from each other,which give us feasible experience for our country’s application of criminal identification.The fourth chapter is the last chapter,it is here where this chapter is focus on.Based on the analysis of the above chapters and combine with our national conditions,it proposes to form a application system from startup procedure、cross-examintion and confirmation.When it comes to startup procedure,the auther assert that under the model of judicial officer plays a leading role,limiting the power of judicial officer and expanding the right of litigant;On cross-examination of criminal identificationlink,ensure the expert opinion is gained a full cross-examination from three aspects:the exchange of evidence before the court、expert appear in the court and the crossexamination procedure of expert opinion;In the confirmation process of criminal expert opinion,combine the evidence ability with the strength to grasp the confirmation of expert opinion.