On The Application And Development Of China's Criminal Procedure Expert Advice

China attaches great importance to expert opinion in criminal proceedings, contains four main application ways of criminal identification, identification commissioned by the parties, professional and technical staff assistant mechanism for the functions, expert argumentation. In recent years, important changes in the system of criminal procedure and practice lead to the changes to the demand for expert opinion, but not timely adjusted their application ways. The lag causes that the applicable status quo of the expert opinion is not ideal in criminal proceedings, and reflects in the lack of effective mechanisms of supervision and evaluation for expert opinion, can not meeting the requirements of technology services of the parties. It is necessary to adjust the application ways of expert opinion according to the need of criminal practice. Specifically, we are confronted with how to choose the introduction of expert witness system, establishment of technical consultant system or expert recommendation system and so on, as well as how to establish and improve relevant systems in the current criminal proceedings system.Based on reading the relevant literature about the master application ways of expert opinion in criminal proceedings and the mainstream academic perspectives at home and abroad, and compared to the reasons, procedures, and effects in different application ways and the reasons for different academic perspectives, as well as supplemented to the actual case demonstrating the characteristics of expert opinion and sociology, criminal psychology knowledge, we can analyze the status and main issues of expert opinion in criminal proceedings, and the necessity, reasonableness, feasibility of the expert witness system, the technical consultant system, the expert recommendation system in the Chinese criminal proceedings, and the relationship between these systems as the main argument.Application ways of expert opinion are interrelated, not completely separating in the criminal proceedings practice, but more studies placed extra emphasis on the problems and solutions in only an application way, and on the overall situation of application for less. The adjustment programs of application ways of expert opinion in criminal proceedings is "examiner and technical consultants and expert recommendation" mode, by answering whether recommend the expert witness system, or set up the technical consultant system and the expert recommendation system in view of the whole and the systematic application and aimed to build the co-ordination and constraints application setup of expert opinion in our current criminal proceedings.The construction of specific system is the key to this layout. Based on the system and practice of criminal proceedings, and the problems in the application of expert opinion in criminal proceedings, we can initially establish the basic concepts and principles of the technical consultant system and the expert recommendation system, and improve the basic procedures of the criminal identification system, and stress the cooperation and coordination between systems, and devise the basic rules of conflict resolution that the identification is the main basis for the issue of fact; the technical consultant advice can supervise the identification, but only confirm or reverse it, not directly replace it as the evidence; the expert recommendation can not restrict the functions as the reference comments about legal issues.Institutionalized construction of application of expert opinion is a complex work. Preliminary design focusing on infrastructure in the systems and the basic principles of integration, the specific provisions await further study.