Research On The System Of Expert Assistant In Criminal Procedure

With the rapid development of human society, the new crime, high-tech crime and high concealed crime emerge in endlessly, and the difficulty of the trial of the case increases significantly. Accordingly, science and technology are increasingly applied to the proceedings, and play important role in criminal proceedings increasingly. The scientific nature of judicial appraisal, which is a commonly used method of judicial assistance, can help the judge to find out the case, but it is also more professional than the judicial personnel and the participants. Because of the limited knowledge level of judges and parties, it is difficult to accurately understand and grasp scientific evidence, and there is a real risk of being "scientific". Expert assisted person in the proceedings, explanation of the special issue of the case, and the identification of scientific evidence such as evidence can make up for the defects of the identification system. Based on the above considerations, the new "Criminal Procedure Law" in our country in 2012 formally established the expert assistant system in the field of criminal procedure, which is very important to make up for the deficiency of the system and protect the rights of the parties. But China’s current legislation on the system only provides for the principle, too simple and crude, such as the expert assistant court qualification, court procedures, litigation rights and obligations, and the consequences of a publication are unclear, lack of operability, which is obviously greatly bound expert assisted in criminal proceedings play its due role. In view of this, based on the comparative analysis of the expert system among the United Kingdom, the United States, Italy and Russia and other countries and the experience of the relevant countries, this article put forward to specific recommendations for improvement of our criminal procedure expert assistance system.This paper is divided into four parts except the introduction and the conclusion.In the first part, the basic theory of the expert assistant system in criminal procedure is analyzed in detail. The expert assistant of criminal procedure is one kind of person who is controlled by the two parties or the judicial authority, specialized in professional knowledge, technology or special experience in a particular field, assists the parties to understand and grasp the special issues involved in the case with its own professional qualities, puts forward professional and scientific opinions, and assists the parties to complete the action in the criminal procedure. The expert assistant in criminal procedure is scientific, service, neutral, and can be replaced, and so on. There are huge differences between the criminal procedure expert assistant and the expert in the way of the starting procedure, the legal function, the presentation of professional opinion, the qualification requirements and so on. There are huge differences between the criminal procedure expert assistant and litigation agent in the legal status, the scope of the personnel and the qualification requirements, the tendency, the scope of action, etc.. There are great differences between the criminal procedure expert assistant and the witness in the legal qualification, the degree of substitution, the need to appear in court, the content of the evidence and so on. The value of law of expert assisted system in criminal procedure is pointed out that the system has to better safeguard the rights and interests of the defendant, is conducive to the realization of the balance between prosecution and defense, to improve judicial efficiency value of law.In the second part, the comparative analysis of the expert assistant system in the criminal procedure of the major countries outside the country is carried out. This part has a comparative study between Anglo American common law system and continental law system countries concerned criminal litigation expert assisted system one by one, reveals the history and the basic characteristics of the legal system of the two legal system and, pointed out that there is a great difference a between national experts who assisted in the legal status, the two legal systems such as selection of subject, rights and obligations, neutral nature. At the same time, this part tries to explore the successful experience of the two legal systems, and to improve the relevant system of our country.In the third part, the paper introduces and analyzes the legislative status of the expert assistant system in criminal procedure in China. As far as the legislative status is concerned, although the new "Criminal Procedure Law" has been introduced into the criminal procedure expert assistant system for the first time, the relevant provisions are extremely principle, which leads to the following defects of the system, such as the legal status of the experts which are not clearly defined, the effect of expert opinion which is not clear, the qualification of the expert assistant which is not clear, expert assistant’s rights and obligations which are not comprehensive, the legal responsibility of the expert assistant which are unclear, the operation procedure of the expert assistant system which is not clear, the safeguard measures of the expert assistant system which is not perfect, and so on.In the fourth part, we discuss the perfection of expert assistant system in criminal procedure in china. Based on the analysis of the actual situation of our country, we should improve the system of expert assistant system in the criminal procedure, which is in accordance with the situation of our country:clear expert assistant’s position in the lawsuit; clear expert advice on legal effectiveness; improve the expert assistant selection of qualification; clear expert assisted system operating procedures; clear expert assisted the rights and obligation; clear the legal responsibility of expert assistant; establish expert assisted the legal aid system; improve supporting measures of expert assisted system etc..