The Reform Of Expert Opinion From The Case Of NianBin

The case of NianBin as a typical case of a high degree of social concern,after 8 years of trial,the final in 2014,the Fujian Provincial Higher People’s court made a final ruling that NianBin sentenced the accused guilty.The key evidence is the expert opinion made in FuZhou province public security bureau has serious problems.As a kind of legal evidence stipulated by the criminal procedure law,the expert opinion is of great significance to the criminal procedure.In China there are many problems in judicial identification resulting in false and erroneous case such as the case of NianBin.In this paper analyze the problem of expert opinion in the case of NianBin,raise the necessity to think about the review of expert opinion,and combining the NianBin case revise of expert opinion were discussed,finally some suggestions on the reform and improvement of the expert opinions in China are put forward.This paper is composed of preface,text and conclusion.The text is divided into four parts.The first part is mainly about the introduction of the case of NianBin and the summary of the problems existing in the expert opinion.Expert opinion made in the public security organs in the inspection procedures do not meet the standards,inspection results,identification of signature fraud fraud and other serious problems,as the expert opinion evidence finalized after examination,but Its loopholes appeared one after another.The second part is to study the necessity of the examination of the expert opinion through the case study.The change from "expert conclusion" to "expert opinion" has indicated the necessity of the appraisal opinion as the opinion evidence should be examined.Combined with the present situation of our country’s law and practice,it is found that there are serious problems in the current appraisal system in China,such as the self-investigation and self-identification,and the unbalanced distribution of the right to start.In the third part,the author makes a thorough discussion on the standards of the expert opinion from the perspective of the credibility and the probative force in the the case of NianBin.The legal qualification of the appraisal institution and the appraiser,the legality of the inspection procedure,and the legal form of the document are all the legal requirements of the expert opinions.Expert witness and the expert assistant play an important role in the examination of the probative force.In forth part,some suggestions on reform of appraisal opinions in China are proposed from the inspiration obtained from NianBin case.It is suggested to consider from two aspects including reforming the appraisal system in China and completing the substantive audit procedure of appraisal opinions respectively.Firstly,starting from the necessary source of inspection,and namely,deficiencies of the existing appraisal system in China,two issues of neutrality of accreditation agency and allocation of the starting right of criminal identification are included.Referencing the establishment of foreign accreditation agencies,it is suggested the independent and united Chinese national judicial appraisal center to get rid of the authority control of investigation organs.However,for the allocation of the starting right of criminal identification,it remains but restricts the starting right of public security organ and procuratorate,and strengthens the participation right of judicial appraisal of the defendant,which is conductive to control the fair and cross-examination of the accuser and the defender on appraisal opinions in lawsuit.Secondly,from the perspective of that appraisal opinions’ investigation demands the complete cross-examination procedure,it is clearly stipulated the system of appear in court of appraiser and expert auxiliary system in the new criminal procedure law in China,but the specific contents are still need to be detailed.Thirdly,the evidence opening system can be established through referring to foreign experience,which is beneficial for the accuser and the defender to conduct the full cross-examination in court.In addition,lawyer’s right of cross-examination on appraisal opinions is guaranteed to make up the unequal status of defendant in lawsuit.