Research On The Perfection Of Expert Assistant System In Criminal Litigation

The system of expert assistants in criminal proceedings in China is stipulated in the Criminal Procedure Law of the People's Republic of China adopted by the 6th meeting of the Standing Committee of the National People's Congress of the People's Republic of China on October 26,2018(hereinafter referred to as China's current law)Article 197,paragraphs 2 to4 of the Criminal Procedure Law: “The public prosecutor,the parties and the defenders,the attorneys may apply to the court to notify the person with special knowledge to appear in court,and to give an opinion on the appraisal opinion made by the appraiser.A decision on whether or not to agree should be made.The person with expertise in the second paragraph shall appear in court and the relevant provisions of the appraiser shall apply." In order to avoid the “outstanding” of the appraisers system in solving the appraisal disputes,the expert adjudication system has been introduced into the criminal litigation system in China,allowing the expert assistants to appear in court to conduct scientific verification of the appraisal opinions,which is conducive to enhancing the trial confrontation and promoting the substantive reform of the trial.Breaking the traditional monopoly position of the past is the king's monopoly position,effectively safeguarding the accused's right to cross-examination,and promoting the equality of the prosecution and the defense,thus helping the judge to better identify the facts of the case,discover the truth,and safeguard judicial justice.However,in China's legislative system,the provisions on the participation of “persons with specialized knowledge” are too general and principled,and there is no clear normative guidance in practice.Both the theoretical and practical circles participate in the expert support.The inconsistent understanding of the status,rights and obligations,opinions and other related issues of litigation has led to confusion in the judicial practice regarding the participation of expert assistants in litigation,and the effect is not good.The author believes that it is necessary to carry out the basic problems of the criminal expert assistant system.Research and promote the further improvement of this system.This paper will demonstrate the litigation status of the expert assistant,the legal effect of the opinion,the rights and obligations,the procedures for participating in the litigation,and the legal responsibility,in order to provide reference for the practical operation of the substantive department.In addition to the introduction and conclusion,this article is divided into five parts,about25,000 words.The first part studies the concept of expert assistants in criminal litigation,the differences and connections between expert assistants and appraisers,and the reasons for establishing expert support system,in order to construct a framework for further study of this system.The second part studies the current situation of the expert assistant system in criminal litigation,including the status quo of legislation,the research status of academic circles and the empirical analysis.It analyzes the inadequacies of criminal litigation expert assistants from three angles.profound.The third part studies the research and development of the expert witness system of the Anglo-American legal system and the expert support system of the civil law system,and summarizes the places where the extraterritorial system is worth learning.The fourth part studies the shortcomings of the existing expert support system in the field of criminal litigation in China and explains the reasons.The fifth part studies the shortcomings of the system of expert assistants in the field of criminal litigation in China,and puts forward some suggestions for perfecting the system of expert assistants.