| In the criminal proceedings of our country,appraisal opinion is considered to be important links to ensure the smooth proceedings.However,in criminal proceedings,due to the wrong identification of material evidence leads to the frequent occurrence of unjust,false and wrong cases,the credibility of judicial identification is greatly reduced,and the phenomenon of parties applying for reidentification has become common.The reasons for the identification error of material evidence are complicated,including instrument error,method error,cognitive error and human error.To a certain extent,the identification error of material evidence increases the risk of the evidence identification error in the trial,which is not conducive to the judge to find out the facts of the case,and may cause the judge to make a mistake in the trial.Currently,China’s criminal Procedure Law and relevant judicial interpretation have few provisions on the disclosure of judicial expertise process,and the provision on the submission of judicial expertise information to the court is almost zero.The author thinks that the implementation process of judicial appraisal is completely carried out in the self-discipline of the appraisal subject,losing the supervision and restriction of external forces,ignoring the litigant’s right to participate in the lawsuit,and violating the minimum requirements of proper procedure.So the necessity of submitting information on the process of judicial appraisal to the court is of great practical significance to further promoting the openness of judicial appraisal and improving judicial credibility.This thesis is divided into four parts.The first part is the introductory part,the author takes three criminal cases involving judicial appraisal errors as the entry point,and analyzes that the reasons for unjust,false and wrong cases are mainly because of the wrong appraisal opinion,and the main reason for the error of the appraisal opinion is the lack of relevant information such as the implementation process of the judicial appraisal.What measures can be taken to reduce the occurrence of such errors in appraisal opinions? This is also the problem that this article explores and intends to solve.In the second part,the author first explains the professional,subjective and closed nature of the judicial appraisal opinion,and then analyzes and summarizes the risks brought by these characteristics to litigation activities.In The third Part,the author further analyzes and thinks about the necessity of submitting the information of judicial identification process to the court from four positive aspects,which has practical significance.Specifically,they help ensure the reliability of appraisal opinions,help weaken judicial personnel’s improper reliance on appraisal opinions,help strengthen the protection of defendants’ rights,and help force the standardization of judicial appraisals.The fourth Part is the emphasis of this thesis,according to the social background of the reform of criminal procedure in China and the current national conditions of China,the author puts forward the system conception of submitting the information of judicial appraisal process to the court.First of all,I put forward my own ideas and suggestions on the contents and methods of submission.Meanwhile,combining with judicial practice,I put forward two feasible alternative schemes for submitting the information of judicial identification process,that is,the right of lawyers to be present in the identification and the system of witnesses to the identification.After that,the author analyzes and reflects on the improvement of relevant systems such as the cross-examination and certification system,and proposes to reform and improve the system of evaluators appearing in court and the system of expert assistants,in order to safeguard and guarantee the legitimate rights and interests of the parties,and contribute to the legislation of submitting information on the judicial appraisal process to the court in the future. |
