| With the fast development of science and technology, expert evidence has been playing a more and more important role in the criminal procedure. In Common Law countries, due to the variety of subjects and freedom of choosing expert witnesses, the system of expert witness has its own characteristics of flexibility and practicability in its application, and its rules of admissibility for expert evidence are rather complete and realistic. However, from the aspect of practice and compared with the system of expert evidence in Civil Law countries, each system has its own demerits which can't be overcome by itself, such as the inclinations of expert opinions and the abuse of expert witnesses in Common Law System, and the lack of review and check for the conclusions of authentication in Civil Law System. Therefore, in recent decades, the two systems have taken measures to reform their regulations by learning from each other. Moreover, some common trends and values are turning up in these two legal families, such as the diversification of starting procedure, the more strictness of expert's liability and the stronger atmosphere of trial confrontation. The system of judicial authentication in China has to be further perfected by learning some valuable experiences from two related systems. Actually, above common trends may become the new ideas to solve those problems as well as to implement the related stipulations of the new Criminal Procedure Law well. While re-thinking the problem of the confused subjects of the judicial authentication, we may use appraisers, referees and expert witnesses at the same time so as to meet the different requirements in the trial. |
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