Research Of The Expert Assistant Criminal Procedure In China

After the revision of criminal procedure law, the expert assistant system has beenwritten formally into our criminal procedure law. After10years work, it has beenwritten into law which shows the regeneration of the system.The establishment of our expert assisted system will make up for the shortcomings ofboth parties and the judge of the knowledge in the professional field；will help the judgeto testify and exchange the the expert opinion evidence in the court; and the mostimportant function is that the establishment of the expert assistant system embodies thebasic criminal lawsuit idea which to protect the basic human rights and safeguard thefundamental rights of litigant’s.Therefore, the establishment of the expert assistant system in criminal procedure isnecessary, especially the litigation status of the expert assistant in the revised criminalprocedure law is not clear, also there is no corresponding supporting system in the useof the practice, There is no corresponding supporting the use of the system, there aremany problems that need to be improved in the lawsuit system in practice.The expert assistant system are not the same, in the countries with different legalsystems,. This paper mainly introduces the USA which as the representative of theAnglo-American law system, and Italy which as the representative of the continentallaw system, and makes a sharp contrast for our study.From the actual situation of our criminal trial, on the basis of the absorption andreference of expert witnesses in the common law system and the technical consultant inthe continental law system, to establish the expert assistant system in china.Introduce the development and the problem of expert assistant system, such as legalstatus is not independent, the legal provisions are not clear; the expert assistant’squalification is not clear; and the regulate procedure is blank. In order to improve, thispaper puts forward suggestions: to clear the legal status; to clear legal qualifications;to specificity the procedure and to establish the legal supervision system. Combinedwith the new criminal procedure law and judicial interpretation, making the expertassistant to play its true role.