Research On Expert-assisted System In The Criminal Litigation

With the development of society, there are more and more professional problems in litigation. Scientific evidence in the proceedings plays an important role, and even plays a decisive role in some cases. Because of the judges' and the parties' limit level of knowledge, it is very difficult to understand and judge the objectivity and correctness of scientific evidence.Long time, there are many problems exist in our country's identification system, and there is no good way to resolve. To this end, we have to improve the identification system, achieve entity and procedural justice and establish expert-assisted system for China's criminal procedure; analyze the need, significance and specific mechanisms for the establishment of expert-assisted system in our criminal system. Establish an expert-assisted system in criminal procedure is very important for promoting the justice in our country, and safeguarding our social justice.There are four parts in this paper, apart from the foreword and concluding remarks.The first part is an outline of expert-assisted system. We primarily describe the definition of "expert", characteristics and its scope. Then, make a concept of expert-assisted and its litigation status. Make an initial introduction through the first part of the paper.The second part, introduce the relevant expert-assisted system in foreign countries. In this section we focus on the common law system's expert witness system, the civil law system's identification system and the Italy's technical consultant system. Expert witnesses, we analyze from the expert witness system's conditions and its selection, admissibility of expert testimony and the obligations of expert witness, the deficiencies and reform measures of expert witness system. System of identification, we analyze from the identification system's qualifications, status, selection and deficiencies in the identification system and its reform measures. Technical consultant system, we analyze from its selection of technical consultants, the qualifications, as well as the rights and obligations. Finally, we compare these four systems and make expert-assisted system clearer.The third part, we discuss the expert-assisted system's legislative status and problems in our country. Analyze the China's current system of expert-assisted system's qualifications, rights, duties, procedures and other issues.And then, we conclude the necessity and significance to establish our expert-assisted system in criminal suit.The forth part, we discuss the specific settings for our expert-assisted system in criminal suite. Set up expert-assisted system in our criminal suit can promote our county's judicial justice, and safeguard social justice.Thus, I believe that the expert-assisted system in criminal proceedings should be set up from the fowling aspects: expert's qualifications and litigation status, proceedings of how to participate the suite, as well as expert's rights, obligations and responsibilities.