Research On Criminal Procedure Expert Assistant System

After Chinese Criminal Procedure Law amended in 2012, criminal procedure establishes expert assistant system. However, there is a controversy in theory and practice, which restricts criminal procedure expert assistant to function. Studying the theory of criminal procedure expert assistant system can solve the controversy to develop the criminal procedure evidence system and identification system.Part One, within the study scope of expert assistant in Chinese Criminal Procedure Law Article 192, analyzes traits and legislative background of Chinese expert assistant and proposes the procedure value of expert assistant. Part Two introduces and reviews common law's expert witness system, Italian technical consultant system, and Russian expert system. Part Three analyzes the status and problems of Chinese expert assistant system based on legislation, judicial interpretation, and cases. Part Four, in consideration of traits of criminal procedure identification system, clarifies the basic problems of criminal procedure expert assistant and proposes measures to improve Chinese expert assistant system.Combining law and judicial interpretation with three typical cases, we try to find out problems including expert assistant's litigation status, evidence capability, position, qualification, and procedure and to provide our opinions of the above problems. In the matter of whether independent opinions of expert assistant have evidence capability, we think expert assistant's independent opinions have evidence capability through case analysis. Moreover, we provide our suggestions of the distribution of rights and duties and procedure setting of expert assistant and hope to help theory and practice.