On The Problem Of Criminal Appraiser Appearing In Court

The system of criminal appraiser appearing in court is an important part of the criminal identification system,and also an important content of the judicial system reform with “trial as the center”.As one of the types of criminal legal evidence,appraisal opinion plays an important role in proving the trial of a case.According to the principle of direct speech,the appraisal opinion can only be used as the basis of the case after trial cross-examination,and the appraiser appearing in court is an important means of cross-examination of the appraisal opinion.In 2012,the Criminal Procedure Law made a significant reform to the system,and put forward more specific requirements for the appearance of criminal appraisers,which stipulated the obligation of the appraisers to appear in court and determined the system of the appraisers to appear in court.The reform of the trial-centered litigation system and the revision of the Criminal Procedure Law in 2018 have steadily made regular appearances by forensic appraisers.The appraiser appears in court to explain and explain the appraisal opinion and accept the inquiry of both the prosecution and the defense and the judge,which is the performance of the appraiser actively fulfilling the obligation to appear in court.The improvement of the appraiser appearance system is of great significance for protecting the legitimate rights and interests of the parties,helping the court to ascertain the facts of the case,promoting the reform of the “trial-centered” litigation system,and promoting the process of legalization of the criminal identification system.However,the current legislation of the appraiser appearance system is not perfect,the judicial practice is not standard,resulting in prominent problems in practice,the appraiser appearance system has not played its due role.In this paper,the research on the problem of appraiser appearing in court is mainly through searching the online judgment documents related to the appraiser appearing in court.It is found that the system of appraiser appearing in court currently has the following three problems in judicial practice: first,the ratio of appraiser appearing in court is not high;Second,the effect of the appraiser in court is not good;Third,the judge has too much power to reject the appraiser’s application to appear in court.Through a detailed analysis of the causes of the above problems,the following suggestions are put forward for the problems existing in the system of appraisers appearing in court: first,the ratio of appraisers appearing in court should be improved by improving the conditions of appraisers appearing in court,perfecting the guarantee system of their right to appear in court and clarifying the legal liability of appraisers not appearing in court;The second is to improve the effect of appraiser appearing in court by perfecting the cross-examination procedure of appraisal opinions and perfecting the system of expert assistant assisting cross-examination.The third is to standardize the judge’s power to reject the appraiser’s application by clarifying the circumstances and exceptions that the appraiser should appear in court and giving the applicant the relief right to refuse the appraiser to appear in court.