Research On The System Of Criminal Expert Assistants

With the rapid development of social productive forces,science and technology increasingly progress,criminal means and investigation technology has undergone rapid changes.In the context of the current era of more and more.crime and investigation involving specialized knowledge or special field,in the face of these"special problems",the judicial organs and the parties due to the lack of professional knowledge can only rely on the identification opinions.But at present our country identification system has many problems,identification procedures in a unilateral monopoly status,the expert opinion is an absolute authority in doubt,because of its professional content,especially the defendant has always been in a passive position in criminal proceedingsThe judge,in the criminal judicial activities have also been around.2012 years of new Criminal Procedure Law introduced "specialized knowledge",the expert witness system as a supplementary identification system,can be said to break this pattern,to make up for deficiencies in the identification system.Both parties can through expert assistant of the expert opinion evidence,so as to ensure the parties to pledge,at the same time the cross examination opinions for judges to solve professional problems,cognizance appraisal opinions offered to help.Unfortunately,the new criminal procedural law after the implementation of the situation,the criminal expert assisted in the trial and the role of law the default effectFar,the legislative and judicial interpretation of the vague so that the system of confusion in practice,to analysis the system confusion in the application,and based on this,put forward to perfect the criminal expert auxiliary system.The thesis is divided into three chapters.The first chapter is the interpretation of the criminal expert assistant system.Firstly,the practice originated from the criminal expert auxiliary system of the pointed out that many puzzles in the process of introducing;secondly further analysis of this system in judicial practice;the final analysis of the introduction of the criminal expert auxiliary system,grasp the law of Presupposition in the first place.For the problems and defects of the criminal expert assistant system.This chapter mainly focuses on the lack of legislation and practice of confusion is discussed,pointed out that in the litigation status of criminal expert assistant,participation position,qualification,opinion attributes,participation procedures,legal liability issues such as lack of legislation,which leads to confusion for theoretical differences in learning the world and the specific practice.The third chapter is the construction of expert assisted system in criminal procedure.On the base of understanding the problems and defects of the system,combined with expert witnesses in the common law system and civil law system of identification of the experience,as well as a useful attempt to China's civil litigation,proposed the criminal procedure expert auxiliary system architecture in the litigation status,qualification set,determine the validity of rights and obligations,opinion,participation in the proceedings,litigation risk control suggestions.