A Study On The Status Of Expert Assistant

With the development of science and technology as well as the deepening of ruleof law, the functions of expert assistant (as an auxiliary to judicial authentication)have been increasingly significant. Although the newly amended criminal procedurelaw initially establishes the regulations of expert assistants in criminal justice, thestatus of them has not been crystalized. Only if the status of expert assistants beclarified, the relevant regulations on expert assistant can operate smoothly and thesupervision over experts can be installed. Further significance can be concluded byguaranteeing the smooth and just operation of criminal justice.The ambiguity of thestatus of expert assistants exerts negative influences over the opening up, rights andobligations as well as the verification of expert testimonies.Beginning from thesummarization of expert assistants, this thesis analyses the legislations of expertassistants and the relevant regulations over the same topic in both common law andcivil law system. Ultimately, this thesis puts forward that the expert assistant shouldbe designed as neutral participants. At the same time, the thesis suggests to build thesystems of expert assistants.The thesis can be divided into3parts.The first part summarizes the status, origin, definition and characteristics of expert assistants. By referring to the statuses of both common law and civil lawsystem, together with the current legislations and theories on the topic, this partdiscusses the basic problems and plays as foundation of further discussion.The second part concentrates on the analysis on the status of expert assistants incriminal procedure law as well as the draft of it. By analyzing the impacts ofambiguity of their status, this part points out that necessity of clarifying the status ofthem.The third part focuses on the reflections of crystallizing the expert assistants incriminal justice. Through the analysis of the functions of experts and explicitguidelines of expert assistants, this part arises the specific suggestions to build theneutral status of expert assistants. Finally, this part gives suggestions to guarantee thestatus and relevant systems.