Author(s): Liu Xin, Fang Yuye, China University of Political Science and Law Collaborative Innovation Center of Judicial Civilization, CUPL Key Laboratory for Evidence Science of the Ministry of Education, Pharmaceutical Law and Ethics of CUPL
Pages: 399-410
Year: 2016 Issue:  4
Journal: Evidence Seience
Keyword:  Judicial forensic appraisal; Witnessing provisions; Eyewitness; General rules of forensic appraisal procedures; Criminal proceedings;
Abstract: Judicial forensic appraisal opinion, with its position and function continuing to strengthen, is often the critical evidence in litigations and urgently in need of supervision from a third party. Thus, it is inevitable to introduce the witnessing system and eyewitnesses into forensic appraisal procedures. This paper does research on the witnessing system of judicial forensic appraisal, focusing on analysis of specifi c provisions and historical development regarding witnessing system in the P.R.C. Criminal Procedure Law and General Rules of Forensic Appraisal Procedures(old and new versions). There are problems, like provisions of witnessing limited to relatively narrow appraisal item, ambiguity of the nature of eyewitness’ identity and uncertainty of eyewitnesses’ rights and obligations, etc., all of which are not conducive to the review and confrontation of forensic appraisal opinions in litigations. Committed to improve the witnessing system of judicial forensic appraisal, this paper proposes certain improvements, including defining the identity and qualifi cation of eyewitnesses and the nature of the witnessing system, refi ning the procedures and content of witnessing and so on.