英国专家证据可采性问题研究

现代科学技术的突飞猛进,使社会分工越来越细,专业化要求越来越高,在刑事诉讼中专家证据的作用也越来越明显.英美法系国家的专家证人制度起源于英国,经过几个世纪无数判例的积累和发展,有关专家证据的可采性问题已形成一整套相当具体、完备的规则,如专家资格规则、有用性规则,专业技术领域规则、普通知识规则以及终局性问题规则等.在现代刑事诉讼中,专家证据的重要性越来越明现,其在改革中的发展趋势,可以为我国亟待完善的司法鉴定制度提供一些有价值的借鉴作用.

Study on the Rules of Admissibility of Expert Evidence in England

The modern science and technology have been developing very quickly,which makes the division of professionals more and more concrete and the special requirement higher and higher.Therefore,the expert evidence has been playing more and more important role in the criminal procedure.The system of expert witness in common law legal family is originated from England and has accumulated for several centuries with a great deal of cases,so the rules of admissibility for expert evidence is rather concrete and perfect,such as the rule of expert qualifications,the rule of helpfulness,the rule of expertise,the rule of common knowledge and the rule of ultimate issue.In modern criminal procedure,expert evidence has been playing more and more influence on judging cases.The trends of its reform in England and Wales will provide some valuable experiences for reforming the system of judicial forensic science in China.