On Expert Auxiliary System

In order to meet the needs of social development of contemporary scienceand technology, deal with criminal case more and more professional>complicated、vairous, the prototype expert assisted system was formallyestablished in the "Criminal Procedure Law". This is a great innovation of ourcountry’s criminal legislation，the unique Chinese characteristics “the expertassistant" expert opinion system is established in the criminal law of china。Expert auxiliary system is the new development of China’s cirminal judicialexpertise system, it strongly response to the judicial proof trend and the specialdemanding of technology development. Establishing expert auxiliary system，from the theoretical sense: conducive to the realization of judicial justice;improve the efifciency of criminal proceedings, save judicial resources;conducive to the protection of the litigation rights of the parties, action toachieve the goal of human rights safeguard; conducive to the promotion ofcriminal judicial appraisal and evidence system modenrization，globalization.In a real sense: to ensure the equality of both sides; to make up for the judge,the public prosecutor，the parties, defenders and agents ad item, lack of relatedprofessional knowledge; to improve the identiifcation of business ability andthe occupation moral level. However, the "Criminal Procedure Law"establishes only one provision of relevant expert assistant hired subjectparticipation, function， the expert assistant qualifications, rights andobligations, legal responsibility, participation of the pretiral procedures,participation of trial procedure, safeguard measures and so on are madewithout a clear and detailed provisions. The simple legislation，fuzziness topractice the application of inconvenience expert assisted system; hinder theapplication and development of expert assisted system, so expert auxiliarysystem still has a lot to improve. The author feels awkward situation of expert assisted system, in order tomake the system more mature and perfect, so this paper in order to give up. Thispaper is divided into four chapters: The first chapter is the introduction，mainlyintroduced the selected topic background and signiifcance，research methods andideas, innovation and laciness. The second chapter outlines the expert assistantsystem, mainly discusses the basic concept, the expert assistant function oflawsuits，the nature of lawsuit, litigation status. In order to understand and graspthe expert assistant system. The third chapter mainly discusses the currentsituation and deficiency of the expert assisted system.In our criminal suitlegislation, judicial practice status and the system in-depth study, in order tohighly aiffrmed the system，at the same time, shortcomings of the system itselfand the disjointed with practice, scholars and lawmakers should pay moreattention to it. The fourth chapter system perfect expert criminal procedure of ourcountry auxiliary, the main disadvantages of the current system in practice, andputs forward the corresponding improvement suggestions, in order to the systemof auxiliary expert can better with the development of the judicial system inChina, to better serve the judicial practice. The author thinks，firstly specificsetting a standard system of criminal expert auxiliary, secondly we should perfectthe expert assisted system in the criminal litigation procedure，thirdly we shouldbuild the expert assistant system supporting security system. To make up for thedeifciency of the expert assistant system，so that it can better play its value, so asto promote the identification of our judicial system and evidence system to betterdevelopment and progress.