Expert Auxiliary System In Criminal Lawsuit

The progress of science and technology can not only meet the needs of the people’s normal life, it will also bring some harm, especially when science and technology is widely used, which makes some criminals in pursuit of the maximization of interests, and the use of technology to update their own crime "technology". Judge or is, however, some legal intellectuals, the law is very familiar with, but for other industries is a layman, this makes in the process of investigation and trial cases appeared many difficult to solve the problem. In our country in the new "criminal procedural law" has stipulated the party can hire experts auxiliary are professional opinions for problems to appear in court in the case statement, but its regulation is not completed, still there are a lot of problems, such as for expert auxiliary litigation status did not make clear a regulation, expert auxiliary of the qualifications and have problems also not clear, etc., which makes our country should further study.In order to further make deep research on expert auxiliary system in our country, in contrast to other European and American countries, on the basis of the first, the concept of expert system of auxiliary people do defined, that is what is expert auxiliary system. Through the discussion of for expert auxiliary system, allows us to the concept of expert auxiliary people make the right judgment, make the correct understanding of some of its basic theory. Assisted with witnesses, expert witnesses and experts, such as defenders to distinguish the concept. Through the comparison of related concepts, we can distinguish between expert auxiliary person and other litigation participants, and thus can be judged in the trial is independent of other litigation participants; Also on the qualification of expert auxiliary people, this paper expounds in system in the position in litigation, we can clearly know with what kind of qualification can be referred to as the auxiliary and experts support person in the position in litigation, the status of the different would be decided in the lawsuit of expert opinion evidence effect is different.Secondly, in the present legislation and judicial status quo for expert auxiliary system is expounded, and points out that the system of our country in the expert auxiliary person both in legislation and in judicial aspects there are deficiencies, and points out that the criminal lawsuit of our country expert auxiliary system in qualification, trial method, the status in the not perfect all aspects such as regulation, and the expert witness system of Anglo-American law system and continental law system of expert witness system to do a simple comparison. For that part of the paper can make ourselves clear that with countries outside the system in our country some of the differences, as well as for the improvement of the system of expert auxiliary people provide some reference.Finally focuses on our country’s expert auxiliary system, sets forth the corresponding to the problems and put forward the corresponding improvement Suggestions. By using the method of comparative analysis, combining countries outside, on the basis of the relevant provisions of the the problem of this system in our country made a description and expounded; And in view of the problems are mainly come from expert methods of qualification, selection of auxiliary, time to participate in litigation, the litigation status, rights and obligations of opinion puts forward detailed Suggestions, hope can to the improvement of the system of expert auxiliary people provide some advice.