Reconstructing the rules of expert opinion assessment from the perspective of cognitive science
Expert opinions constitute a crucial means for addressing special issues in criminal trials.China's Criminal Procedure Law and judicial interpretations specifically provide that expert opinions,which maintain legal competency,only include forensic opinions.Additionally,reports on special issues,other than forensic opinions,can also be admitted as evidence.However,the system of expert opinion assessment rules still await refinement for lacking rationality and effectiveness.Reports on special issues and forensic opinions take the same evidence form and share the same proof mechanism.It is necessary to establish,within the existing framework of forensic opinion assessment rules in our country,a full scale evidence assessment system that would encompass the assessment of any type of expert opinion.From the perspective of cognitive science,the assessment of expert opinions is a rational cognitive process,concerning the admissibility of such opinions,conducted by the factfinder.Evidence assessment rules must not only be able to promptly rectify the factfinder's cognitive bias,but also prevent the factfinder from assessing expert opinions solely based on emotional cognitive system,and the assessment from being conducted in a perfunctory manner.The rational cognitive system of the factfinder must be effectively activated to ensure a substantive assessment on relevancy and reliability of evidence.Specifically,legislators can introduce detailed evidence assessment criteria for relevancy and reliability of evidence to boost the factfinder's cognitive willingness and capacity,and their rational cognitive system.Moreover,enhancements should be made to the regulations on the attendance of expert witness to bolster cognitive interactions in the courtroom and promptly signal cognitive bias.
Reports on special issuesExpert opinionEvidence assessmentRational cognitionCognitive bias
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