The Theory Of Expert Auxiliary System Of Criminal Proceedings In Our Country

In the20th century is the human society into the information age, modernscience and technology rapid development, criminal field is also a breakthrough ofscience and technology. When there is more and more specialized and technicalproblems in criminal lawsuit,the role of experts working in the field of criminaljustice is increasingly highlighted. In order to solve these problems,the civil lawcountries created the judicial appraisal system in order to solve the special issuesinvolved in the case, common law countries established expert witness system inorder to find the case facts. Exists both in system of expert witnesses and expertwitness system defects, it is hard to meet the need of justice in today’s society, whilethe Italian fusion system on the basis of the two law systems established technicalconsultant system, is to learn from the advantages of appraisal system of typicalcountries of two important legal systems.Litigation practice in our country, due to the high-tech crimes are increasing,the trial judge on the cognizance of the special issues has become the key of thecase.Three big procedural law in our country are stipulated in the expert opinion isone of the types of legal evidence, also highlight the role of the judicial authenticationin the litigation process. As legal evidence of identification must pass throughcross-examination to be finalized according to the opinions, however, with theacceleration development of adversary criminal trial mode reform in China, putsforward higher requirements on the court of cross-examination and certification andthe appraisal mechanism of our country super powers to expert opinion in the trialcant not get effective cross-examination, mainly because of expert witness to appearin court rate is extremely low, can not reach the expected effect of cross-examination,ultimately affect the judge for the case facts. In the new criminal procedure law of ourcountry has established the expert auxiliary system, mainly the prosecuting anddefending parties in the auxiliary deepen understanding of the special issues andreview the appraisal opinions and expert opinions are put forward. People hiredexperts assist appraisal opinions put forward by the parties reasonable objection, justcan not be effective appraisal opinions cross-examination problem. Criminal proceedings expert auxiliary system is a new research field in our country, this articleto our country criminal prosecution expert auxiliary system problems existing in thelegislation and perfect as the breakthrough point and core concrete system, in order tofurther puts forward some suggestions to perfect the system.The first part, this paper probes into the concept of expert auxiliary,characteristics,basic theoretical problems such as litigation status, and on the basis ofanalysis the expert auxiliary system in the criminal procedure of the function.The second part, from outside the relevant expert auxiliary system of differentlegislation, analyzes the Anglo-American law system selected qualification, selectionprocedure, the expert witness rights and the obligations, as well as expert expertevidence before the court of open problems, and technical consultant system in Italyand Russia expert system. And in western developed countries in the implementationof the expert witness in criminal action system, on the basis of effective experience,finally for our country criminal prosecution expert auxiliary system provides afeasible suggestion.The third part, the paper analyzes the present state of legislation in the criminalproceedings expert auxiliary system, as well as several problems existing in thelegislation, expert auxiliary system in the judicial practice in our country for the futureoperation of pointed out the direction of the further perfect.The fourth part, through absorbing the advantages of extraterritorial law indeveloped countries and draw lessons from the practice experience, as well as in thecurrent legislative provisions about criminal proceedings expert auxiliary systemdefects are analyzed on the basis of combing, the perfection of this system putforward new insights of the individual, this paper mainly discusses the experts aidedperson’s aptitude,rights and obligations, the effectiveness of the expert opinion,exploration of expert auxiliary people to participate in criminal procedure,establishing expert auxiliary practice problem such as legal aid system. To make upthe vagueness of the law, strengthen the judicial practice.