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On Review and Application of Expert Conclusions

Author: WangNing
Tutor: ChenJieZuo
School: Anhui University
Course: Legal
Keywords: Expert conclusion Review Application
CLC: D918.9
Type: Master's thesis
Year: 2010
Downloads: 126
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Abstract


Evidence is the core content of the lawsuit, in fact, lawsuit is organized around the collection, the investigation and the utilization of the evidence. With the development of the modern society and science and technology, identification conclusion play a big role in the litigation, as a unique form of proof. But identification conclusion does not have a special status in all of the 7 kinds of the evidence; it also needs the investigation and judgment of the judge. Many problem exits in the investigation and the utilization of the identification conclusion, for example, it is deficient in procedure system of reviewing standard and confrontation of identification, so the evidence efficacy of identification can’t be shown.The paper researches on the identification conclusion, beginning with the investigation and the utilization of it, wish to be helpful of the enacting and improving of the Act of Identification. The paper is composed of three parts:the first, beginning with the three wrong criminal case of Du peiwu case, Li huawei case and Li jiuming case, the paper analyses the important function of the identification conclusion in the three cases, find out the main problem existing in the investigation and the utilization of it. The second, the paper researches on the legal regulations on the investigation and the utilization in the existing law, several problems on the practice of identification conclusion, because of the mistiness of legislation, and gives the answer. The third, the paper researches on the design of the system of the investigation and the utilization of the identification. At first, similar legal regulation in American, Britain law were reviewed, then, I think we should establish the scientist judgment standard of identification, I also give my own suggestion about it. The author discusses on the competence and force of evidence, and suggests introducing in the three rules of evidence from the evidentiary rule system of Anglo-American Legal System:illegal evidence rule, hearsay evidence rule and character evidence rule. I think the illegal evidence rule include:illegal identification conclusion should be excluded, the identification conclusion from the illegal evidence technology should be excluded, unscientific and inaccurate identification conclusion should be excluded. Hearsay evidence rule include: appraiser must appear in court without legal reason; the identification conclusion has no evidence power if the appraiser doesn’t appear in court without legitimate reason, so the acceptance of the identification conclusion of the appraiser without appearing in court is restricted. Character evidence rule evidence rule include:we should establish a credibility and integrity file of the identification organization and appraiser in court and look it as a important reference factor to decide if accept the identification conclusion. The establishment of file will deter the identification organization and appraiser and force them to improve the quality, impartiality and accuracy of identification. On the part of the power of the identification conclusion. I think modern mental impression rule should be used to judge the identification conclusion, the judge has his own intime conviction after hearing the confrontation of the accusing side and defense side, and write down in the syllabi:the origin of the identification materials, scientific fundamental and reasoning process of the identification, the objections of the two parts. The judge also set forth the reason to accept or exclude the identification conclusion and the function of it in the case. So the accept process of proof gets more transparent and open. At last, the thesis discusses the confrontation system:the appearing in court to confront of the appraiser, the exceptions of the disappearing in court of appraiser, perfecting the cross-interrogate rule. So the relative content about confrontation of identification has been further clearly defined.

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