A Study On The System Of The Expert Assistant Appearing In Court For The Criminal Defendant

The basic goal of criminal proceedings is to protect human rights and achieve judicial justice.During the trial of criminal proceedings,the defendant,as the defender,is naturally unequal in strength compared with the public prosecution agency that performs the prosecution function on behalf of the state.Due to the professional nature of the appraisal opinion,when the defendant faces the guilt appraisal opinion of the public prosecution agency,his defense ability to defend his legal rights is weaker,and the defendant cannot effectively exercise the right of cross-examination against the appraisal opinion.Due to the existence of professional barriers to the appraisal opinion of the defendant,the judge cannot really screen the admissibility of the appraisal opinion,and is often in a passive and helpless situation.This not only weakened the credibility of the judicial appraisal,but also hindered the realization of the defendant's human rights protection and judicial justice.In 2012,China's "Criminal Procedure Law" stipulated the system of expert assistants.As one of the parties,the defendant has the right to hire an expert assistant,and assist him to cross-examine the appraisal opinions through the expert assistant to ensure the realization of his right to verify.It is very important to strengthen the defense power of the weaker defenders of the prosecution and the defense.At the trial stage in criminal proceedings,the core of safeguarding human rights is to protect the rights and freedoms of the defendant.Therefore,the article analyzes and studies the defendant expert assistant system at the trial stage.Firstly,the necessary value and significance of the defendant expert assistant system in the current criminal procedure in China are summarized,which lays the legal foundation and clarifies the value guidance for the further in-depth analysis later.Secondly,it analyzes the current status and problems of the defendant expert assistant system in China,and describes the problems in the operation of the system in a general manner.These issues are closely related to the defendant's expert assistants,which are as follows: the defendant's expert assistant's role in court is chaotic,and the position of the court is controversial;the face-to-face cross-examination between the court and the expert is difficult;The procedural rules for cross-examination are confusing;and the acceptance rate of cross-examination opinions is low.The existence of these problems directly or indirectly caused the defendant's expert assistant to fail to fully and effectively assist the defendant in exercising the right to cross-examine the appraisal opinions.Thirdly,the article makes an in-depth analysis and discussion on the problems and shortcomings of the defendant expert assistant system in China.Basically,it can becategorized into three reasons: the position of the litigation value of the defendant expert assistant system is unclear;the litigation status of the defendant expert assistant is unclear;the nature of the cross-examination opinion of the defendant expert assistant is not clear.Finally,in view of the existing problems and deficiencies of the defendant expert assistant system,as well as the in-depth analysis and discussion of the causes,the article attempts to propose measures and suggestions for the improvement of the defendant expert assistant system: clarify the litigation status of the defendant expert assistant;clear The evidence attributes of the accused expert auxiliary person's cross-examination opinion;clarify the position tendency of the accused expert auxiliary person and the bottom line principle that must be adhered to;clarify the accused expert auxiliary person's right of cross-examination assistance.