A Study On The Admissibility Of The Opinions Of Persons With Expertise In Criminal Procedure

With the continuous updating of crime forms and means in recent years,the types and forms of criminal evidence left in the crime process are also constantly changing,which puts forward higher requirements for the ability to examine evidence in criminal trials in our country.In this context,the traditional appraiser system has a series of characteristics such as rigid system and narrow appraisal scope.Therefore,in the latest Interpretation of the Criminal Procedure Law issued by the Supreme People’s Court in 2021,it is clarified that the reports issued by persons with specialized knowledge who are appointed or hired because there is no appraisal institution on the special issues of the case can be used as evidence.Although this explanation seems to break through the original statutory evidence system,it has effectively alleviated the dilemma of the application of specialized evidence in litigation.However,for a long time,the specialized evidence in our country has only been the expert opinion.For the sake of judicial cost,the court ’ s review and investigation of the expert opinion has actually entrusted some procedures to the judicial administrative agency before the lawsuit,such as the reliability of scientific evidence.The qualifications and qualifications of evidence forming subjects are managed by judicial administrative organs for a long time,and regular inspections and evaluations are carried out.In addition to the pre-trial review of such evidence,the knowledge used in the formation of specialized evidence is different from the daily experience and legal knowledge of the judges,which makes it impossible for Chinese courts to establish the ability to review specialized evidence.This article sorts out the evolution of the evidence system of persons with specialized knowledge,and finds that before the Interpretation of the Criminal Procedure Law was promulgated in 21 years,the application of this evidence in judicial practice has already broken through the statutory evidence system.From the theoretical perspective of evidence law,as long as the evidence Entering into a lawsuit,being contacted by the referee will definitely affect the free testimony of the referee.This paper analyzes the evidence attributes and forms of the evidence of the opinion of a person with specialized knowledge,and clarifies the factors that may affect the admissibility of evidence and the necessity of constructing the elements of admissibility of evidence.Through the method of legal hermeneutice,this paper constructs a set of admissibility rules from the appraiser system through the analysis of legal articles,mainly includes the qualification of the subject,the authenticity of the materials,the legality of the procedure,the scientificity of the technology,and the relevance of the evidence.On the issue of qualification of the subject,mainly include the qualifications of the unit where the person with specialized knowledge belongs and the qualification of the person with specialized knowledge.On the issue of authenticity of materials,it mainly includes that the information obtained from the case by persons with specialized knowledge should be disclose,and then the information obtained should be objective,true and comprehensive.On the issue of the legality of the procedure,it mainly includes the technical norms that the evidence of the opinion of a person with expertise needs to abide by during the formation process and the formal norms that the opinion should have in the lawsuit.On the scientific nature of knowledge,it mainly includes the certainty and validity of knowledge used by people with specialized knowledge.After the certainty and validity are guaranteed,it should also be repeatable and the knowledge has entered the public domain and obtained It has been generally recognized by related industries.On the issue of the relevance of evidence,it mainly discusses the identification path of the relevance of persons with specialized knowledge.After the study of the correlation,analyzing and researching the role of our country’s original proof-of-confirmation model on the admissibility of opinions of people with specialized knowledge,Put this evidence into the entire criminal procedure system,and study the effect of the verification mode on the admissibility of evidence in the two approaches of atomism and holism.and the interplay between expressing the opinion of the specialized knowledge and confirming the proof model due to the difference between this evidence and other evidence.