Researchers Criminal Procedure Expert Assistant System

Article one hundred and ninety-two of the new criminal procedure law explicitlyfor the first time will be written to "person with specialized knowledge" in criminallitigation procedures. This new regulation lies in the strengthening of the opinions ofcourt trial involves the identification of substantive cross-examination, furtherstandardize the cross-examination procedure of criminal lawsuit, increasing demandfor scientific evidence of high quality, more conducive to find out the case facts. Thenew criminal procedural law does not detailed rules about this system, it for expertauxiliary system is a big obstacle to concrete implementation undoubtedly.Academia for "people with specialized knowledge" the definition also appeared alot of differences, from one hundred and ninety-two article points we can see the"people with specialized knowledge" of a trial of all outline, just the words "by therelevant provision applicable to appraiser". Then for expert auxiliary people what arethe provisions on the qualifications of, whether must be similar as the surveyor relatedqualifications, whether as a specialist support person must won the academicprofession, and no approved person will not be able to serve as expert auxiliary;Expert auxiliary people aren’t generally included in the participants in the proceedings,the law does not give legal expert auxiliary people orientation, fuzzy expert auxiliaryof litigation status, that there is in practice how to expert auxiliary problem of therights and obligations of people caused great difficulties; Moreover experts assistpeople of expert opinion evidence provided by the attributes of the problem has notsolved; And expert auxiliary application subject of criminal procedure law provisionsas follows: the public prosecutor, the parties, the defenders and agents AD litem, andthe defenders. According to the supreme people’s procuratorate criminal procedurerules "article four hundred and forty in the fourth paragraph:" the public prosecutormay apply to the court if necessary to inform people with specialized knowledge toappear in court, as an appraiser’s opinion suggestion ", I think this rule is notappropriate. So we should as far as possible to solve this a series of problems, theexpert auxiliary system for a more in-depth research, the British and American expertwitness the disadvantages of the reject authority pattern in our country, and does notadapt to British and American countries for example, draw lessons fromAnglo-American law system countries, about some of the advantages of expert witness system, merged into the field of the related system of our country, thus betterable to map out to belong to and consistent with the reality of our country’s expertauxiliary system, clear expert auxiliary related content, thus reducing some obstaclesin the process of implementation of the system, design a more perfect and moresuitable for China’s basic national conditions, litigation pattern, the legal system ofexpert auxiliary system of the architecture, in criminal lawsuit activity smoothly setup strong security, so as to build a socialist legal system with Chinese characteristiccolor, for the construction socialism country under the rule of law to consolidatefoundation is better.