Discussion On Constitution Of Expert Assistant In Criminal Procedure

With the development of science and technology, all aspects of sociallife has had the profound change, make appraisal Suggestions for specialproblems in the judicial practice the application of more and more common;At the same time, both in judges, lawyers and the parties for professionalproblem and difficult to deal with relevant special issues independently,make people to assist litigation as necessary. As early as more thana decade ago, civil litigation, administrative litigation has basicestablished through judicial interpretation experts aided person’s basicframework, and the civil procedure law in2012will be more expertauxiliary rose to the rank of a legal person system; At the same time,when we amend the criminal procedure law will also be in the system,making the whole system of litigation in China have established the expertauxiliary system.Eighteen big third plenary session,2013formally pulled open thecurtain in the third round of judicial reform; In this context, start-upof expert auxiliary system in criminal proceedings, legislation andjudicial practice? After more than1of practice, and what are thedeficiencies? In criminal lawsuit gradually emphasized direct wordsprinciple of judicial credibility is not high, the real situation, we have urgently necessary to in-depth study.Based on expert auxiliary of criminal litigation system as theresearch object, and assisted by experts in civil and administrativelitigation system of positive value and the characteristics of criminallitigation relative to other litigation as the background, to a criminalaction to discuss the necessity and feasibility of establishing expertauxiliary people as the foundation, through to the overseas related systemand expert auxiliary of the our country civil administrative litigationsystem of comparative study, combined with the analysis of the criminallitigation legislation and practice of the status quo, put forward theour country criminal expert auxiliary system perfect Suggestions,including experts aided person’s qualification, selection, function,position the basic problems, such as expert auxiliary people involvedin litigation, the effectiveness of the specific rights and obligationsand their opinions and some of the issues related to security measures,in order to improve the criminal lawsuit of our country combining withexpert auxiliary system, the expert to help the parties and state organsto find the truth case, the unification of the realization of entityjustice and procedure justice, to realize the unification of the crimeand protecting human rights.This paper mainly divided into five chapters, in this paper, thefirst chapter mainly discusses the expert auxiliary system to introducesome of the basic issues, foreshadowing for later in-depth analysis.First to expert auxiliary appellation and summarise definition. Secondly,by comparing the expert auxiliary and expert witnesses, witnesses,lawyers and agents to define different expert auxiliary person’s legalattribute, clarify the legal status of experts assist people. Again,this chapter also mainly from civil and administrative litigation systemto apply the analysis path of criminal procedure describes the criminalproceedings expert auxiliary building background, on the one hand, expert auxiliary entry has an important value in the field of civil,administrative, on the other hand expert auxiliary people run for manyyears in the field of civil, administrative, has important practicalsignificance, thus infer, because the criminal litigation has theimportant function of punishing crimes and protecting human rights andthe strictness of the seriousness of criminal procedure and processrequirement, should be introduced in the field of criminal proceedingsexpert auxiliary system.The second chapter mainly from the theoretical level of the system,the essay discusses the necessity and feasibility. The establishmentof the system is not unfounded, exposed in the operation of the judicialappraisal system in the practice of disadvantages bring urgency to theestablishment of the expert system of auxiliary people, at the same time,with the reform of China’s lawsuit system factors, such as for theestablishment of the expert system of auxiliary people provide thesurvival of the soil.The third chapter is mainly to outside similar expert auxiliary systemis described. First of all, this chapter classify from experts ofqualification, selection, rights and obligations, legal status, commentsplayed introduced the United States, Japan, Italy, Russia, the relevantprovisions of the state. Secondly, this chapter of national similar expertauxiliary man only for evaluation, and finally, our country should inthe trend of global integration, based on their own on the basis oftraditional legal culture, using the experience of other countries toestablish expert auxiliary system with Chinese characteristics.The fourth chapter mainly from the Angle of practice, this paperdiscusses the expert auxiliary system in operation in the field of civiland administrative litigation. First, the expert auxiliary in the fieldof civil, administrative person has important practical significance.Second, the expert auxiliary operation also has some problems and defects. Again, this chapter through to the new criminal procedure law onlegislation, analysis of possible problems in the field of criminalprocedure the system.The fifth chapter mainly puts forward some proposals to theconstruction of the system perfect, qualification, selection of auxiliaryexpertsystem people respectively, in time, the rights and obligations,Suggestions and opinions for litigation status, but also for expertauxiliary system run smoothly guarantee measures are put forward, toensure human expert auxiliary function fully realized.