Study Of Criminal Procedure Expert Assistant System

2012 revised "Code of Criminal Procedure" for expert opinion adds expert assistant system for the trial phase of the expert opinion of the review provides a wider viewing angle and more fully recognized way to help improve the overall level of identification, in criminal court proceedings and the law of evidence is important. However, the relevant provisions of the amendment, the specific issue of the expert assistant litigation status, rights and obligations, etc. none specifically relates to the existence of such fuzzy point, seriously affected the effective play expert assistant system. From the legislative purpose of speaking, this system is designed to resolve litigation disputes involving expert opinion and other professional issues, but in judicial practice, the implementation of the System of Expert’s still difficult. Therefore, to improve our expert assistant system, we should clear the independent expert assisted human action status to ensure Expert Assistant really participate in the trial, cross-examination in the past, in order to achieve the desired state of the system design.This paper is divided into three parts of this system will be described. The first part of the concept of expert assistant start by comparing the relationship with experts, witnesses, legal representatives, summary obtained expert assistant features. Combined with two legal experts assisted national human practice, the analysis of the underlying causes of the addition of this system; the second part is the discussion of the Expert Assistant System problems:inadequate judicial practice, including the legislative level, and in theory controversial in the presence of flaws; The third part of the system of expert assistant for the problems existing in perfect proposal: eligibility, rights and obligations and litigation position clear Expert Assistant finds in legislation; standardize elective and management mechanisms; refinement expert assistant proceedings.