Discussion On The Improvement Of China’s Auxiliary Expert System Of Criminal Litigation

The auxiliary expert system of criminal litigation is learned from the technical advisor system of Italy. On the base of keeping our basic identification system, the auxiliary expert system learns from the Expert Witness System of the Common Law, brings experts to the criminal litigation, lets experts explain special issues, confront and ask the appraisals, in order to assist the prosecutors, the parties and their counsels, the litigation agents to solve special issues.’The auxiliary expert system of criminal litigation is adapted to our litigation model and the actual judicial system. It also advantages to achieving the value of the criminal, suit, to protecting Human rights, to strengthening the review of the opinion of appraisals, to promoting judicial justice and improving judicial efficiency. The auxiliary expert system of criminal litigation has been provided in the newly revised "Code of Criminal Procedure", but the content has been too abstractive, and short of specific procedures and operability. That blocks the system working effectively. This article extracts beneficial elements from the comparison of the Appraisal System and the Expert Witness System through the methods of comparative analysis, law analysis and empirical analysis. This article improves our auxiliary expert system of criminal litigation in the aspects of the legal status, qualification and selection, rights and obligations, responsibility and the quality of opinions of auxiliary expert, etc. Moreover, the article also puts forward specific legislative proposals.