At present, in my country's judicial practice, the system of expert witnesses appearing in court and the system of expert debate have not been generally established, which to a certain extent affects the fairness of criminal trials. As the famous lawyer Qian Lieyang pointed out, from a legal perspective, the psychiatric appraisal report is "verbal evidence" and is a certificate issued by the expert in a criminal case. my country's Criminal Procedure Law requires that the appraisal conclusion must be signed and sealed by the unit, and the appraiser must also appear in court to testify. However, in the past judicial practice in our country, appraisers often did not sign, and even if they signed, they rarely appeared in court for cross-examination. Therefore, it is rare for the identification conclusion to be overturned during cross-examination. In this way, the responsibility for the appraisal conclusion falls on the unit, not the appraiser himself. When the judicial authorities look at the appraisal certificate, it will only be effective if they see the appraisal seal. One of the direct consequences of this is that it is difficult to cross-examine in court, and some irresponsible or "grey transactions" during the appraisal process are legalized or covered up by the official seal of the "unit". Second, once false evidence occurs, the appraiser cannot be held liable for perjury because the appraisal certificate is a unit certificate. This results in the appraiser having unlimited rights as a "second judge" or "behind the scenes judge", but at the same time he does not have to be responsible for his own actions. In fact, the official seal of the unit only proves the identity of the appraiser, but does not prove the correctness of the appraisal results. In practice, however, due to formal effects, it replaces scientifically correct identification content.
In order to change the above abnormal situation, the judicial appraisal system should be strengthened and improved, learn from the practices of Western countries, establish a system for expert witnesses to appear in court for cross-examination, and change the current practice of appraisers only submitting a piece of appraisal certificate to the court. That is, for some controversial identification results, the original defendant and the experts hired by the defendant explain their identification basis in court and accept the other party's doubts. In the end, the judge decides which identification opinion to adopt.
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