The Improvement Of Expert Auxiliary System

In the present criminal lawsuit system in our country, forensic appraisal opinion as anevidence played an important role. But with the continuous development of society of scienceand technology, professional division of labor is more and more detailed and diversified, thelimitations of the forensic appraisal opinion is also increasingly apparent in the judicialpractice. Due to lacking of professional knowledge, the parties and the judges can notcross-examination and review for forensic appraisal opinion effective, making the courtroomcross-examination become a formality; What is more the judge is easily believe in theforensic appraisal opinion，making the appraisal opinions without cross-examination directlyform the basis for the judgment. The parties can not get real security, also causes thehappening of the wrongs.With the implementation of the new Code of Criminal Procedure and relevant judicialexplanation, the system of expert auxiliary is becoming the biggest bright spot. Theestablishment of the system, on the one hand it provides a new way for the difficulties in thejudicial practice and perfects the system of expert auxiliary; but at the same time we shouldalso realize that due to lacking of the comprehensive regulation, and several theoreticalproblems also do not get very good solution, so it is urgent and important to analyze andfurther perfect the system of expert auxiliary.This article is divided into four parts:Firstly, the article begins from the general theory of the system of expert auxiliary，defining some basic problems such as the concept of expert auxiliary, litigation status. Afterthrough the analysis of the significance of perfecting expert auxiliary in our country, in orderto establish the theoretical basis for the back.Secondly, the article uses the method of comparative analysis, taking Anglo-Americanlaw system of expert witness for example to analyze, and gives a brief introduction on thebasis of Anglo-American law system of expert witness, in order to "mountain, can offendjade", the aim is to provide reference and inspiration in order to improve our country’s systemof expert auxiliary.Then, the article discussed the present status of the system of expert auxiliary, proceedfrom the present status of our country’s legislation and judiciary, then list the presentloopholes and defects of the system of expert auxiliary, and detailedly expounded the feasibility of improving the system of criminal action expert auxiliary to achieve the aim ofbetter improvement of the system of expert auxiliary.Finally, the article proposed perfect ideas and specific Settings of the system of expertauxiliary from four aspects. Given the system of expert auxiliary in criminal action in ourcountry has built up a preliminary framework, and learned from foreign countries’ systems ofthe expert witness, the author specifically designed our country’s system of expert auxiliary.Its content mainly includes: the definition of expert auxiliary’s lawsuit position, qualificationselection, the rules setting of expert auxiliary appear procedural and clear the rights andobligations.