Study On The System Of Criminal Litigation Expert Assistant In China

The criminal litigation expert assistant system is a major highlight of the Criminal Procedure Law revision in 2012.The emergence of this system broke the monopoly of a criminal identification.As an important helper for both the prosecution and the defense,the criminal litigation expert assists the people to make up for the lack of specialized knowledge of the trial and defense,analyzes the scientific and reliability of the comments and appraisal opinions,and relieves the appraisal opinion “king of evidence” to a certain extent.Firstly,this thesis takes the definition of expert assistant as the starting point,analyzes the law,analyzes the title,explores the legislative background of the criminal litigation expert assistant system,analyzes the urgent practical needs of the system,and compensates for the deficiency of the system and guarantees the litigation.The function and value of establishing a system of expert supporters in China are demonstrated in terms of rights and the realization of the substantive nature of court trials.Based on the analysis of the nature of criminal litigation expert assistant litigation,this thesis discusses its litigation status and lays a theoretical foundation for the following suggestions.Secondly,it starts from the legislation and practice to analyze the shortcomings and shortcomings of China's criminal litigation expert assistant system.For example,the qualifications of expert assistants are unclear,the rights and obligations are lacking,the opinions are vague,and the degree of protection of expert assistants is low.Through the analysis and comparison of the relevant expert systems outside the domain,the paper draws on the useful experience of the extraterritorial system and avoids the risks faced by the extraterritorial system,such as propensity regulation,neutrality supplement,and moderate expansion of rights content.Finally,based on China's development of the criminal expert assistant system in China,this paper attempts to put forward targeted suggestions from the two aspects of standardizing the criminal expert system itself and perfecting its supporting system,with a view to the development of China's criminal litigation expert support system.On the right track,it really assists both the prosecution and the defense to effectively cross-examine the evidence,help the judiciary find the truth of the case and realize the original intention of the legislation.