中外司法鉴定证据规则比较分析-comparative analysis of evidence rules in judicial expertise between china and foreign countries.docxVIP

西南政法大学硕士学位论文 西南政法大学硕士学位论文 2 2 obstruction of Justice. The judicial expertise system’s reform in China has made some achievements, judicial expertise institution-building have certain results. However, forensic evidence system is in a fragmented state, lacking of system design. Court review was supposed to be the last line of defense of the use of expert opinion. Based on this, starting with the evidence attribute, this paper analyzes the evidence attributes and connotation of the expert opinion. Carding Chinas current legislation on the judicial expertise and analysis of it with standard of judicial expertise rules of evidence, the paper point out the defects. This article has taken a comparative approach that further study comparing the evidence systems of the expert testimony in common law system with evidence systems of expert opinion in civil law system and their system development process, as well as the development trend. Of course the original intention of this article would be the design of our identification of the rules of evidence. Considering in the identification of practice in China, model of litigation system and regularity of forensic science, Proceed to design Chinas expert opinion rules of the ability of evidence and the probative force. The expert opinion evidence rule contains Legitimacy, objectivity and relevance. Legitimacy, including appraisal subject and evidence form，the paper design systems of the appraiser qualification and register of expert. Objectivity, including the neutrality of appraisal subject and legitimacy of identification procedure ， the empanelling system of appraiser. The cross-examination rule of expert opinion ， advocated the establishment pre-trial discovery procedures , system of expert assessor , system on attendance of Appraiser and methods for Cross-examination of expert opinion. Key words ： expert opinion; expert testimony; credibility of evidence;probative force;admissibility 目 录 引言………………………………………………………………………………