Research On The Expert Assistant System In Criminal Procedure

With regard to criminal procedure,a large number of cases involve expertise.Therefore,countries have established their own identification system.Before 2013,China adopted the Forensic Expertise System,depends entirely on appraisers in the application of professional knowledge,a concrete manifestation is the appraiser issue an identification conclusion.However,in practice,the appraisers' court-appearing rate is very low,which cause the conclusion can not be effectively verified,so the conclusion already has a conclusion attribute in the criminal investigation stage.In recent years,China's reforming of the litigation system centers on trial,which put forward higher requirements for forensic authentication.The revision in 2012 on the criminal procedure law,changes “identification conclusion” to “expert opinion”,and stipulates that expert opinion needs to pass in-court interrogation,and then can it be used for the verdict.China has also introduced the concept of “People with Specialized Knowledge”,thus,our expert assistant system has taken initial formation.The system is conducive to facilitate the appraisers to appear in court to respond to questions,which plays an active role in keeping the balance between prosecution and defense.However,because this system is unique to our country,and is still in the embryonic stage,the lack of legislation results in many difficulties in practice.Therefore,it is necessary to perfect the expert assistant system.The main body of this paper is divided into four parts.The first part,Introduction,mainly introduces relative concepts and their connotations of the expert assistant system,and analyzes the origin of the system,the assistant's status in litigation activities;The second part,from two aspects of theory and practice,combined with China's relevant laws and regulations and their judicial practices,analyzes the current situation of expert assistant system in criminal litigation,to find out the shortcomings of this system;The third part,the analysis of foreign related system,analyzes the advantages and disadvantages of relevant laws and practices aboard,for the aim of getting inspirations;The fourth part,based on the above two parts,by comparison studying,put forward suggestions on perfecting our expert assistant system,suggests as follows: status in litigation and their opinions property,their rights and obligations,institutional guarantee,etc..