Study On The System Of Expert Assistant Appearing In Court In Criminal Procedure

The expert assistant court appearance system is stipulated in the Criminal Procedure Law of 2012,which is of vital significance to the prosecution,defense and trial parties.Experts assisting people to appear in court can make up for the lack of professional knowledge of the judge,improve the trial efficiency of the court,and achieve judicial justice.However,there are some defects in the provisions of the expert assisted person appearing in court,which lead to the confusion of judicial application and need to be solved urgently.Therefore,it is necessary to further improve the relevant legislation to meet the needs of litigation development in the new era,so as to maximize the function of experts assisting persons to testify in court in criminal proceedings.On this basis,this paper deeply discusses the system of expert assisted person appearing in court.In the first part,by exploring the exact meaning of terms such as "person with specialized knowledge","non-expert expert","expert witness" and "expert auxiliary person",the appellation of expert auxiliary person is clearly used,so as to explore the expert group stipulated in the second paragraph of Article 197 of the Criminal Procedure Law,and elaborate the connotation of these concepts.Finally,the author discusses the significance of the system of expert assisting person appearing in court to the three parties.The second part,from the perspective of normative analysis,discusses the related problems of the system of criminal experts assisting people to appear in court;By means of empirical investigation,the cases involving expert assisted persons appearing in court in recent years are deeply analyzed,relevant data are sorted out,and typical cases are deeply studied,so as to explore the application of the appellation system,the application of both the prosecution and the defense and the effectiveness of opinions.The third part will compare normative analysis and empirical investigation to explore the problems faced by the system of expert assisted person appearing in court.It mainly includes the following four points:first,there is confusion in the role orientation of the criminal experts,which is manifested by the general expression in legislation and the mixed use of multiple names in the judiciary;Second,there are differences in the applicable standards of expert assistants in court,which leads to the limited role of expert assistants in court.Third,the lack of a clear definition of the opinion status of the criminal expert assistant will lead to its little role in the final decision;The fourth is the family assistant in the court process encountered procedural obstacles.Then,the above problems will be deeply analyzed to explore their root causes.In the fourth part,in the process of perfecting the system of criminal experts assisting persons to appear in court,a series of optimization suggestions are put forward to further improve its efficiency and justice.This paper thinks that we should take the trial central doctrine as guidance,through establishing special standard system and judicial system,further perfect and optimize our criminal expert auxiliary court related system.First,in order to ensure that expert assistants have independent litigation status in criminal proceedings,it is necessary to improve from four aspects,including determining specific litigation appellations,expanding the scope of litigation participation,including the scope of legal participants and setting up independent trial seats.Secondly,it should also clarify the role of expert assistants in court and the relationship between them and judicial power,further improve the disclosure system of expert opinions,ensure that the litigation rights of expert assistants on both sides are balanced,so that they can comprehensively analyze professional issues,and strengthen their management,so as to eliminate the distrust in the heart of judges.At the same time,it is necessary to clarify the judicial relief channels of the court for the expert assistant,and establish the corresponding relief mechanism to protect their legitimate rights and interests.Third,the expert should be qualified to assist in court so that he or she can provide strong evidence.By clarifying the relationship between "experts" and "evidence" and establishing an expert witness system,we can guarantee that expert assistants can present their expertise to the court and fully express their personal opinions.This paper probes into the various cases of experts assisting people’s opinions in court,introduces the concept of auxiliary evidence,and formulates reasonable rules for examining opinions.Fourth,strengthen the procedural participation rights of criminal experts assisting persons,establish a complete start-up process,establish standard cross-examination procedures,and provide reasonable and standard procedural guidance for criminal experts assisting persons to participate in criminal proceedings,so as to improve the applicability and application effect of the system.