The Perfection Of China's Expert Auxiliary System In The Criminal Law

With the continuous development of modern society and the rapid developme nt of science and technology,the new types and problems of criminal cases are i ncreasingly complex and diverse,and the professional problems involved in crimin al cases are more and more complex and difficult.In the past,professional proble ms in solving criminal cases can only rely on the appraisal system.However,due to the obscurities of professional issues,the closed and unpublicized appraisal pro cess,and the fact that the parties do not have the complete right to initiate the a ppraisal process,it is inevitable that the parties will have doubts about the apprai sal opinions.In order to realize the effective cross-examination of the appraisal o pinions in the criminal procedure,the system of criminal expert assistant came int o being.But due to the expert auxiliary system in our country is still in its infan cy,theoretical research is weak,lack of practical experience,the provisions of the legislation also relatively principle and fuzzy,lead to a criminal expert auxiliary system in our country there are many barriers to the development of this aspect c an assist people to participate in litigation against expert's enthusiasm,make the e xpert system of auxiliary people increasingly hollow reputation.On the other hand,it will prevent the expert assistant from playing a role in the litigation,so that his participation in the litigation becomes a mere formality.After reading a large number of literature materials,the author analyzes the current situation and existin g problems of the system in China,and puts forward the corresponding counterm easures in order to contribute to the promotion of judicial justice.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the basic content of criminal expert assistant.From the defin ition of criminal expert auxiliary person,and on this basis summed up the charact eristics of criminal expert auxiliary person,so as to reflect the criminal expert au xiliary person in the criminal proceedings of our country has a unique institutiona l significance.The second part is the study of extraterritorial system.Through the analysis and research of the American expert witness system,the Italian technical consulta nt system,the Russian expert system and the Japanese auxiliary person system,th is paper summarizes the reference of the relevant systems outside the region to th e criminal expert auxiliary person system in China,and provides a reference for t he improvement of the criminal expert auxiliary person system in China.The third part,based on the practice of our country,points out the problems of our criminal expert assistant system.Specifically,China's criminal expert auxil iary person litigation status is vague,the lack of uniform standards for the selecti on and appointment,rights and obligations are not clear,the process of participati ng in the litigation is not perfect,rights relief and the lack of accountability syste m,etc.,so as to illustrate the necessity and urgency of improving China's crimina l expert auxiliary person system.The fourth part is the conception of perfecting our criminal expert assistant s ystem.On the basis of the above-mentioned theoretical problems,this paper puts forward a series of Suggestions to improve the system of criminal expert auxiliar y person,which is based on the national conditions of our country,proceeding fr om the reality,and based on the advanced system of foreign countries.