A Research Into The Criminal Expert Auxiliary In Court System

Criminal Procedure Law of the People’s Republic of China has formalized a system of criminal expert auxiliary appearing in court, since2012, which provides the accused and the defended a new method to better cross-examine the appraisal opinions. Such a system is not only conducive to party fully exercising their legal rights and avoiding some possible bias of the judge, but also helpful to the court to evaluate those appraisal opinions accurately. However, considering the fact that China’s criminal expert auxiliary appearing in court system hasn’t yet been formed perfectly and there are still a number of blank areas in law, involving entity and procedure two aspects, it is predictable that the system may suffer application difficulties in juridical practice.According to the study, criminal expert auxiliary is actually a new kind of lawsuit participants. It can basically meet the current juridical practical needs to apply the dual-track appointment system——the party employed first, the court-ordered second to criminal expert auxiliary in court. In order to ensure the cross-examination’s results objective and trial fair, criminal expert auxiliary should withdraw if necessary when they are present at trial, fully exercise their rights and earnestly perform their obligations such as reading relevant file from judicatory appraisers, cross-examining in trial, remaining neutral, keeping loyal to the court, etc. And these experts have to assume legal responsibility in case they have subjective intention or gross negligence that causes party’s loss. Meanwhile, the judge should comprehensively evaluate the opinions of criminal expert auxiliary by analyzing the whole case so that it can utmost avoid science misleading the court. Besides, to establish appraisal information disclosure mechanism and to create index database of experts are new ideas to this research area.