A Research On The Auxiliary Expert System

According to the amended Article 192 of the Criminal Procedure Code, “people with expertise” is explicitly written in the criminal procedure. The main purpose of the additional provision is to enhance the review which the court towards of the experts' opinion of the case, hope to improve the scientific nature of the evidence and be helpful to find out the truth of the case by standardizing the cross-examine procedure in a court trial. However, there is no detailed explanation of this article of law according to the previous provision of the Criminal Procedure Code. There are only a few words like “Referring to the relevant regulations of the judicial expert” to explain all question of procedure of the appearance before the court of “people with expertise”, which presents a barrier to the implementation of the system of expert assessor.Through the “poisoning case of Nian Bin in Fujian Province” which was concluded in 2014, we see the role that expert assessor played. To analyze and compare those problems which were exposed in this case, for example, whether the litigation position of expert assessor agrees with that of judicial expert, whether the expert assessor needs to meet the same qualifications as judicial expert, whether can the opinions of expert assessor play the same role as the opinions of judicial expert, etc. We can draw the conclusions through analysis. The experts' opinion can not be the evidence,it just provides service and help for the appraisal opinions in cross-examination.Besides,The judicial appraisal and expert auxiliary system is completely different.But the law consider the judicial expert plays the same role as expert assessor, consciously or unconsciously, they apply to many common procedures and rules. There is actually some confusion about the related theory behind this phenomenon that there exist some confused ideas between judicial expertise and the system of expert assessor.Therefore, in order to help the system of expert assessor play its role better, we should enhance the opposability of court trial, position the expert assessor as a helper of the defense, make the related systems which help the expert assessor play an efficient role be perfect and establish a scientific and practical system of expert assessor.