鉴定意见认证若干问题研究侦查学专业论文.docxVIP

1 1 Abstract Appraisal opinions, as one form of legal evidence, should be decided by judge whether it could be the basis that identity the facts of case. But considering the incomplete laws on appraisal opinions and imperfect judicial forensic systems, there are many problems in the practice of identification of appraisal opinions, most of which mainly reflect in the subjectivity of the subject of identification, the cross-examination of the appraisal opinions, rules of recognizing evidence and the identification method of the judge documents. The above problems in the judicial practice seriously influence the judicial justice and fair trial. Therefore, this paper clarifies the problems exit both in the law and judicial practice and fatherly provides feasible suggestions by studying and analyzing the practice of appraisal opinions identification. The strict reflection to identification of appraisal opinions should be rooted in the forensic present status: the status of the identification subj ect trends to go weak due to the defects of legislation and low professional ability of judges as a whole and lack of subjective consciousness. And the expert assist system as a choice of judicial practice still spares some space to improve. The reason of identifying the appraisal opinions in the judgment documents presents a low open degree. And the reason for reappraisal and adoption as evidence also varies. Due to the status of the legislation, the system and the implementation in practice, the attendance of expert witnesses in court is not easily come true. As part of the cross-examination, the content of the objection from both parties still need to improve, so that the essence of cross-examination can’t become a mere formality. Methods of solving the problems that exit in the identification practice: studying of the concept of appraisal opinions is the first step to analyze the necessity of appraisal opinion identification. Its scientific nature, subjectivity and legal ch