Research On The System Of Criminal Litigation Expert Assistants

As the degree of specialization in criminal proceedings becomes higher and higher,the cross-examination of the appraisal opinions becomes more and more difficult.The accused and the defender often have insufficient evidence for the appraisal opinion,which makes the appraisal opinion appear in the trial.In order to alleviate this tension,our legislative department has learned from the extraterritorial useful experience and established a system of people with specialized knowledge in our country.Chinese academic circles generally refer to them as expert assistants.However,the current legislation in China is too simple for the expert assistants,and the judicial personnel's operations in practice are varied.The root of all this is the lack of institutional understanding,the lack of legislation and the unclear positioning of the system.The author believes that to improve the expert support system in China,we should clarify the status of independent litigants of the expert assistants,clarify the evidence validity of their opinions,classify and manage the expert assistants,and establish a legal aid system for expert support personnel.In this way,the vitality of the system can be stimulated,the litigant rights of the parties can be guaranteed,and the current situation of unbalanced power between the prosecution and the defense can be changed,which makes the litigation procedure in China more perfect.This paper is divided into six chapters based on the study of the criminal litigation expert assistant system.The first chapter introduces the background and significance of the topic,the research status at home and abroad,the innovation of the paper and its deficiencies.The second chapter introduces the legislative status of the expert support system,the characteristics of the expert support system and the significance of establishing the expert support system.The third chapter uses the method of empirical analysis to reveal the current situation of the expert assistant system in China to lead to problems.The fourth chapter enumerates the problems existing in the expert support system of our country through empirical analysis and literature analysis.The fifth chapter is to obtain the enlightenment of perfecting the expert support system of our country by comparing the expert witnesses of the Anglo-American legal system and the civil law system Japan and Italy.The sixth chapter puts forward the concrete operability suggestions for perfecting the expert support system in China through academic analysis and extraterritorial experience.