The Research Of Expert Assistant System In Criminal Procedure

Expert Assistant System is concerned by legal scholars and legal practitioners’ elites fora long period of time. At one time, it was applied to some of the actual case to a certain extent,which is apparently helpful for the result of the case. However, people must recognize itsrange of applications was primarily in the areas of civil proceedings, specifically, are mainlydistributed in the areas of medical malpractice and intellectual property, which can benarrowly referenced. However, in the latest "Code of Criminal Procedure" the Experts AssistSystem was officially introduced for the first time, which has greatly broadened the scope ofthe assistant system’s application. In this paper, based on the principle of all starting fromthe practice, through to our country’s first criminal litigation experts assist people to appear incourt case was reviewed, seeks to clarify the expert auxiliary in the criminal justice system inChina exist some of the advantages and disadvantages, trying to expert auxiliary system inour country’s criminal procedure shall be applicable to the specific put forward some feasible.Thus, this article narrates from the following four parts.The first part of the thesis is to introduce the development of the case and the case of thefocus of controversy related criminal proceedings triggered Expert Assistant system foranalysis. The reason why the case triggers controversy in the practice and academiccircles,with the expert auxiliary system related content mainly has two aspects:1.There aretwo completely different nature of expert opinions before the case.2. The effect of the expertopinion of experts which was published in the court to assist the defendant almost be zero.And now the such grim situation, mainly due to lack of specific litigation on operations aboutthe Expert Assistant system for the criminal practitioner and the specific legal habit to allowall legal practitioner to comply. The existed problems of the Expert Assistant system are mostdirectly involved with the expert assisted person’s status is not clear, the procedure involved inlitigation are not standardized, the effectiveness of the expert opinions expressed vaguely.In the second part, the author analyzed the related legal theories of the criminalproceedings expert assistant system. This part firstly start from the concept of expert auxiliaryone, through the criminal proceedings under two kinds of legal system expert auxiliary system,comparing the characteristics of China and highlights the respective advantages anddisadvantages, to later good operation of the system in China and lay a foundation improvement opinion. And then introduced criminal proceedings expert auxiliary systembackground, discussed the system before the introduction of China’s judicial expert opiniondominated by judicial authentication a brought about by the adverse situation, lead to thesystem prior to introduction to balance tendency of judicial injustice. In addition, this part theauthor also studied the growth environment of the system in China, suggests that the judicialsystem in China’s judicial environment itself has demanded that must to perfect the system.The third part was mainly to analyze the case mentioned above from theory and practiceon the basis of a combination of the above legal analysis of the case. The author firstlydiscussed the problems of inconsistency of the case with the legal rational analysis, thenattempt to draw some conclusion which can enhance the efficiency of the Expert AssistantSystem. Firstly, the Chinese judicial practitioner themselves should comply with the law inessence, rather than make the law as one kind of political tool,or make the law only formalize.Secondly, the Chinese judicial practitioners who could control other people’s fate shouldalways bear the rights of the defendant in mind, and should not neglect the fact of theviolation of defendant’s sue rights. Lastly, on this basis, the author describes the ideal role andsignificance of the expert assistant system.The fourth part is to make recommendations to improve the Expert assistant system atthe basis of above analysis for this article. The author summarized the relevant focus ofcontroversy through a series of controversial issues of the above case on Expert Systemappeared. Then the author made some suggestions to improve the Expert assistant systemfrom tow aspects: on the criminal legislation and some other system to support. On thelegislation, the author proposed some suggestions to publish the specific proper operation ofthe system and as soon as possible to clarify its status. On the supporting institution, there arethree angles to improve the system. For example, cross-examination system shouldestablished to support the expert opinion, similarly the justice should give the completelyexplanation on the adoption of expert opinion; at last, to guarantee the Expert AssistantSystem smoothly running, which should be established as soon as possible.