Discussion On Constitution Of Expert Assistant In Criminal Procedure

In modern justice, science and technology have been applied more often in lawsuit, so that judicial proof methods become civilized and rational. The formation of judicial appraisal system is just to solve particular problems in legal cases. With its development, the system is playing a more important role in lawsuit. However, as modern life gets complicated and social distribution expands day by day, only judicial appraisal system cannot solve all the technical matters involved in lawsuit. Moreover, the judicial appraisal system itself has come across some problems in its implementation. On such ground, technical consultant system emerges because of demand: on one hand, the maturity of judicial appraisal system provides solid foundation for its birth; on the other hand, its emergence solves some problems in national appraisal system of two major legal systems.Italy, the pioneer and founder of technical consultant system, has laid down in its national criminal procedure law systematic details of technical consultant. Russia has already passed , and set up the expert system .As for our country, we have description of auxiliary expert only in"Some Provisions of the Supreme People's Court on Evidence in Civil Procedures"and"Some Provisions of the Supreme People's Court on Evidence in Administrative Procedures", yet in criminal law, this system is still a blank.For the present there are not many researches done in regard to this system. The author chooses to study the subject for the purpose of paving the way for future research on auxiliary expert system, as well as giving several suggestions for construction of the system.The whole essay is divided to four parts , with a total 35000 words.The first chapter is a brief introduction to the concept of auxiliary expert, making an exposition of the definition of auxiliary expert, its function and six features of being scientific, neutral, auxiliary, independent, passive, and replaceable.The second chapter introduces and evaluates the technical consultant system in Italy and Russia."Stones from other hills may serve to polish the jade of this one", the successful experience of foreign country deserves our reference and study.The third chapter starts with two perspectives: legal and technical value, analyzing the necessity of introducing auxiliary expert system under the criminal procedure system of our country. At the same time, the thesis combines the current situation of criminal procedure justice mode reform with the gained practical experience on auxiliary expert, discoursing the possibility of introducing auxiliary expert system under the criminal procedure system of our country.The fourth chapter is the keystone of the thesis, in which the author puts forward the specific assumption of constructing an auxiliary expert system in criminal procedure. The author probes the idea from aspects such as the relationship between the auxiliary expert system and appraiser system, the status in the procedure, qualification, rights and obligations, participation in proceedings, the required cost, and other systems associated with the auxiliary expert system, etc.