The Expert Auxiliary System Of Criminal Procedure

The criminal procedure law amended in 2012 established the expert auxiliary system in 192nd, which has a profound social background and great significance. The introduction of the expert auxiliary system, not only meeting the complication and specialization of the trend about the current criminal cases. But also through the cross examination of the expert opinion, could compensate for the defects of China’s current judicial authentication effectively, so as to help judges finding the facts of the case, and making a fair trial. Unfortunately, the law is relatively vague, the relevant legal system is not perfect, practice departments understanding the relevant laws and judicial interpretations in different way, the relevant content of the expert auxiliary system did not reach consensus, which resulted in the judicial practice of the system did not run smoothly. How to help the litigation value of the expert auxiliary system into full play, how to solve the problems of the practice process and perfecting this system is the major content of this paper.By using the theoretical analysis method, comparative research method, empirical research, on the basis of clarifying the related concept and the basic content of the expert auxiliary system, with the first case of the criminal procedure expert auxiliary, Fudanposionings and Fujian nianbin case as samples, exploring the realistic background and significance of this system, analyzing the judicial practice of operating mode about this system, so as to study the dilemma faced by expert auxiliary system in criminal procedure, promote the development of this system.The article is divided into four parts:first, the concept definition and basic content of criminal expert auxiliary system. This paper introduces the connotation of the concept of expert auxiliary, clarifies the basic content of the expert auxiliary system in the existing legal system. Two, the realistic background and practical value of the expert auxiliary system. With the realistic basic and the significance of the system, clearing the urgency and necessity of the establishment of the system. Three, the controversial theories and problems of the expert auxiliary system.clarifying the basic theory dispute of the system and solving the specific problems of this system in the face of the judicial practice under the operation process, so as to give full play to the value function of the system. Four, perfecting the expert auxiliary system.through the way that perfecting the judicial interpretation and related systems, to promote the continuous development of the expert auxiliary system.