Discussion On The Auxiliary Expert System In Criminal Procedure

Expert auxiliary system is not a new system, both in the countries ofAnglo-American law system and continental law system countries, expert auxiliarysystem has been developed quite completely, and can widely used in the judicialpractice.Chinese civil procedure law and administrative procedure law also stipulatedexpert auxiliary system10years ago and the content is in constant improvement, butfrom the point of the effect of judicial practice are not so good, the system does notbecome widely available, also did not give full play to its function.The root reason isthat there is not a complete set of auxiliary system in our country as well as theimperfect in legislation leading to the chaos in judicial practice eventually.The expert auxiliary system of criminal procedure in China is born in response tothe progress of the scientific, the need of law construction,the big flaw of theidentification system and the frequent wrongly-charged cases.Expert auxiliary systemin2012was firstly written into the criminal procedure law, it is not only to the heightof the basic law established the expert auxiliary system, but sow the seeds of ouridentification system reform.But we should also see that these is only a provision forgeneralization of this system in the new criminal procedure law which caused heateddebate in the field of academic circles and the judicial practice. It has become a mereformality to suspicion and is difficult to meet the needs of judicial practice.So it isnecessary for us to draw lessons from outside the provisions of the relevant systemand based on its state of the rule of law construction to build a set of expert auxiliarysystem meeting the requires of our criminal proceedings in order to making thebenign operation of this system and the appraisal system and implementation of the rule of law progress.This paper is divided into four parts:The first part is the summar of the expert auxiliary system.Firstly this paperintroduces the concept of the expert auxiliary system through discriminating it fromthe related concepts and defining the expert auxiliary people accurately.Later, probesinto the status of the expert auxiliary people. the role positioning of expert auxiliarypeople is made through comparing with the relevant participants in the proceedings.the establishment of the position of expert auxiliary people affecting the content of thesystem construction, is of great significance.The second part is the present situation of operation and existing problems of theexpert auxiliary system in our country. This part firstly briefly introduces thebackground of the expert auxiliary system. including the cause of the system and itsvalue.Then introduce the present situation of the system on the legislative and judicialand summarize the deficiencies of the system as well as the reason that the expertauxiliary system has not been popularized in lawsuit field in China laying thefoundation for the research done for the next two parts.The third part is the investigation and the evaluation of the relevant systemoutside. This part mainly introduces the system of technical adviser in Italy andRussia expert auxiliary system. The system has developed completely in this twocountries and the judicial practice effect is prominent.At the same time this partintroduces the legislative characteristic of the expert auxiliary people in the UK, Japan,France.The similarities and differences between countries of the two big law systemsof inductive system providing new ideas for building expert auxiliary system in ourcountry.The fourth part is the ideas of perfecting the expert auxiliary people system inour criminal prosecution. The expert auxiliary system has carried on thecomprehensive building respectively from aspects of the expert auxiliary system ofeligibility, the rights and obligations, responsibility, proceeding participant whichbased on the theory of expert auxiliary people above associated with the provisions ofrelevant countries outside the region. It also puts forward problems on construction ofthe relevant supporting system in order to make our country expert auxiliary systemmore perfect.