On Perfection Of Expert Auxiliary System In The Criminal Law

The poisoning case of Nian Bin has some points to research. Because the experts played important role in this case, this paper chose the point of expert auxiliary system.Although the criminal procedure law formally has established the expert auxiliary system,the provisions of the legislation is too simple. This leads to the confusion of proceeding between experts and other participants, and lacks of effective judicial practice guidance.First of all, this paper told us the basic information on the poisoning case of Nian Bin, then analyzed the role which the experts auxiliary played. Secondly, this paper analyzed the theory of expert auxiliary system from the perspective of concept and litigation position. Thirdly, this paper got pros and cons from Anglo-American system of expert witness, the Italian technical consultant system and the Russian experts system,for the improvement of the system of expert auxiliary. Fourthly, it summarized some problems from the poisoning case of Nian Bin. The status in the cognitive fuzzy, the rights and obligations on the legislative blank and qualification of selected defects caused that expert auxiliary system could not be used effectively in practice. Finally, this paper proposed the perfections. We should build independent legal status of expert auxiliary,make rules on rights and obligations of expert auxiliary and set norm for the admittance criterion.The point of this paper is the poisoning case of Nian Bin, which can reflect problems of expert auxiliary system directly. Additionally, the part of perfection pays more attention on the logical relationship among articles and practice.