Study On Expert Auxiliary System Of Criminal Proceedings

Nowadays,modern science and technology are developing rapidly.There are more and more professional problems in criminal litigation cases,and the use of expert opinions is also increasing.Owing to the scientific and specialized nature of expert opinions,judges,prosecutors,parties and other litigation participants often find it difficult to examine and judge them accurately because of the lack of professional knowledge.Therefore,the role of criminal expert auxiliary people is highlighted.Expert auxiliary people interpret the professional issues in the case and examine and judge expert opinions,which not only improve the accuracy of the expert opinions and help the judges to identify the facts and evidence of the case more accurately,but also enhance the litigation participation of the parties through the cross-examination between the expert auxiliary people and the parties.In addition,expert auxiliary system helps standardize the judicial appraiser of criminal proceedings.In judicial practice,the professional issues involved in some cases may be the focus of disputes,which will have a decisive impact on the trial of cases.Expert auxiliary system was mainly applied in civil and administrative litigation cases before.It is stipulated first in newly revised Criminal Procedure Law in 2013 in the form of legislation,but because the relevant provisions are not comprehensive,there are many inconveniences in the application of the system in practice.The article takes the expert auxiliary system as the research object,expounds the necessity of establishing the expert auxiliary system in criminal procedure,investigates relevant systems in developed countries abroad,takes the deficiencies in the provisions of expert auxiliary system in criminal procedure as the breakthrough point and core and puts forward some suggestions for improving the system further.Firstly,the article analyses the concept and characteristics of expert auxiliary people and the discrimination with other relevant litigation participants,as well as the function of expert auxiliary people in criminal proceedings.Secondly,from the provisions of the foreign expert auxiliary system,the Italian technical advisor system,the Russian expert system and the expert witness system of Anglo-American law system are analyzed in detail.Through the analysis of each system,we can draw lessons for improving expert auxiliary system.Thirdly,the article analyses the existing problems of expert auxiliary people in criminal procedure in China,such as litigation status,qualification requirements,rights and obligations,and the effectiveness of expert opinions,and points out the direction for further improvement of the system in the future.Finally,on the basis of referring to the practical experience of foreign expert auxiliary system and analyzing the shortcomings of expert auxiliary system in criminal procedure in China,the article puts forward some opinions for improving the system,so as to better play the system's due value.