Research On The Pratical Problems And Consummation Of The Criminal Expert Assistant System

In criminal proceedings,the appraisal opinion,as a basic source of legal evidence from the "public",has already become one of the important bases of the judge's referee.However,due to the lack of necessary professional knowledge,the defense lacks the corresponding technical support,which leads to the examination of the appraisal opinions and the majority of the cross examination,many unjust,wrongful or unreasonable decisions have occurred in succession.Based on the practical problems,the new criminal procedure law on the basis of learning from the experience of extraterritorial law and civil litigation and administrative litigation related provisions on the introduction of the auxiliary expert system,the main purpose is to give the defense the right to apply for experts to give technical support,so as to ensure the defense can effectively cross-examine the prosecution's appraisal opinions or other appraisal opinions that are unfavorable to the defendant.In addition,legislators at the same time expect to use expert assistant's cross examination process to make judges keep a cautious and realistic attitude towards the appraisal of disputes,and grasp the evidence effect of appraisal opinions in the process of cross examination.However,there is a gap between the ideal and the reality,and the practice has proved that the participation of the expert assistants is not as effective as the legislator expected.Therefore,this paper aims to investigate,understand and analyze the actual operation of the system through studying the criminal cases involving expert assistants in China's referee's document network,and then find out the existing problems and put forward the corresponding solutions.The full text is divided into four parts,about thirty-six thousand words:The first part introduces the basic theory of expert assistants.This part includes the following aspects: the "expertise" is called the expert assistant the reasons and basis and from the perspective of civil litigation and administrative litigation introduces the legislative history of the expert assistant;the relationship and difference between expert assistant and expert witnesses,expert witnesses and Italy "technical adviser" compared;discusses several of the expert assistant status of litigation theory(independent litigant participant said,of the attributes involved in said law agent and witnesses said)and its rationality is analyzed.The second part is the practical application and reason analysis of the expert assistant system.This part mainly through the China relates to the referee instruments online expert assisted case analysis,contents: the application rate of expert assistant is very low,the main reason may be the law is too rough,the implementation of the system is not a long time,poor operability;the main types of case expert auxiliary system for the purpose injury cases,mainly for the identification of the type of dispute identification and identification of cause of death,reason is more than two types of identification of the conviction and sentencing provisions and identification criteria for major impact is not scientific and concrete practice,often due to the application of different angles and different conclusions;the expert assistant to participate in the trial way mostly by the defense application in court the cross examination of expert opinions,but in practice there by the courts to hire expert witness in the case of a college The problem of industry phenomenon,that part of the court has been using the expert assistant system in civil litigation,the criminal court expert assistant function;expert assistant system did not improve the reason suit is affected by China's authoritative litigation structure;the judge accepted the expert opinion the rate is very low,in part because of the expert assistant professional qualification and the cross examination opinion easily questioned.The third part is the problems in the practice of the expert assistant system,this part includes the following contents: the system of expert management mechanism in the actual harm blank is to reduce the judges adopt expert evidence rate and reducing the auxiliary expert system applicable rate;from the identification of the main types and main functions of expert dispute support to the analysis of the current system of expert trial functional limitations,that should be the applicable scope;lack of judges correct identification and judgment ability of different professional advice will once again make the cross examination of expert opinions into the formal process,hindering the expert assistant system of legislative purpose;due to lack of accurate understanding of professional judges debate on the condition of knowledge,lead to judgment for adoption / not admissible professional advice for not fully reflected,is not conducive to enhanced The expert assists people to use the transparency of the effect.The fourth part is the perfect path of the expert assistant system.This part includes the following contents: the expert assistant management system combined with the expert assistant system and the particularity of the stage of the establishment of court management pattern;from the domestic judicial practice and foreign legislation will be the expert assistant system extends to the investigation stage,ensure professional support to people involved in the investigation stage of the appraisal rights,in a timely manner to resolve the dispute,or court hearing support;from the domestic existing judicial practice(especially related to intellectual property,financial securities and other cases),the introduction of expert jury system in the criminal trial,the judge interpretation,help professional debate between referee surveyor and expert assistant.