The challenges of forensic expert accepting cross-examination in trial-centered trial mode

VernacularTitle:以审判为中心的庭审模式对法医出庭质证的挑战
Author: Xin LIU ; Yanfang JIAO
Keywords: trial-centered; making the trial substantialized; medico-legal expertise; the court cross-examination; expert opinion
From: Chinese Journal of Forensic Medicine 2017;32(1):1-4
CountryChina
Language:Chinese
Abstract: Today, the direction of litigation reformation is changing trial pattern to be trial-centered and making the trial substantialized. Under this background, the relevant provisions have been launched from the supreme people's court and other departments to make sure that the forensic expert will appear in court and accept cross-examination, and this phenomenon should be normalized and substantiated. In order to ensure the expert opinion can be fully and effectively cross-examined, the medico-legal expert should fulfill obligations, such as respect for the court, answer questions honestly and explain expert opinions. We find that some problems show up in this process: the rate of forensic expert appearing in court is low; the legal nature of expert opinion is not clear; the requirements are not clear;the conflict between forensic expert opinion and other forms of expert evidence, including auxiliary expert, is very clearly. Based on this situation, the author give some suggestions to the forensic expert: keep on learning to improve professional skill; improve the legal knowledge; pay attention to practice and strengthen the ability of expression.