| In order to ensure substantial effect of expert witnesses to testify, guarantee the quality of expert opinion as finalized according to and maintain justice, modification of the criminal procedure law in 2012 established the "specialized knowledge" to appear in court, the appraisal opinions put forward opinion of "expert auxiliary system. Expert auxiliary person refers to, in the trial procedure, by control the defense of application, the court decided to appear in court, the appraisal opinions put forward the evaluation opinions of people with specific knowledge. The purpose of setting up the system is to use specialized knowledge aided analysis of expert opinion comments, the prosecuting and defending parties assist judges determine the case facts. With the height of the basic law for the first time, established the "specialized knowledge" to participate in the system of criminal trial. The establishment and implementation of this system is not only beneficial to maintaining the legal rights of the parties, to clarify the objection of expert opinion, also helps to help the judge find appraisal opinions exist flaws or errors, thus promote the realization of judicial justice. However, due to the criminal procedure law were quite brief, on the litigation status of the expert auxiliary people, the basic problems such as the effectiveness of the opinions are not clear and specific provisions. Especially "the relevant provisions governing the surveyor" fuzzy semantic expression and easy to produce ambiguity, when combined with the legislature in explaining this clause will interpret it as "mainly to solve the appearance of procedural problems such as litigation status, such as avoidance, questioning", the theory and practice have different understanding and understanding not only exist, but also deeper into contradictions, and even confused about what to do.The author analyze litigation status, opinions content, attribute of expert auxiliary etc. Aiming at the deficiency existing in corresponding Suggestions are put forward, Paper is divided into four parts except the introduction:The first part of criminal proceedings expert auxiliary overview. Laws and judicial interpretations related regulations in China, and expert auxiliary content analysis and relevant concepts at home and abroad, this paper expounds the expert auxiliary person in the position in criminal proceedings, that is, he is separate from the witnesses, expert witnesses, agent AD litem of participants in the proceedings.The second part of the content of the criminal litigation auxiliary people experts and properties. Think that understanding the criminal procedural law, the expert assistant who is not just for the surveyor conclusive opinions put forward opinions, from the perspective of the legislation purpose of setting expert auxiliary system, all the factors of formation evaluation can make Suggestions, including appraisal main body qualifications, reliability, identification on the basis of the scientific, appraisal procedure and the method of normative and scientific nature, expert opinion to use. Expert auxiliary people with oral evidence and opinion evidence and impeachment evidence attribute, thus discusses the expert supporting people opinions objectively can be used as evidence.The third part of the opinions of experts auxiliary in the criminal procedure law.Since expert auxiliary views should be viewed as evidence, so the legal effect of evaluation should be consistent with the evidence, the evidence ability and strength. The author thinks that the expert auxiliary judging legal effect should use appraisal Suggestions of corresponding regulation, because as the auxiliary views and evaluation experts are with specialized knowledge is then put forward the judgment of the special, belong to the oral evidence and opinion evidence. Of course, based on the characteristics of the expert auxiliary people, experts assisted the opinions of people review shall also have some special rules.The fourth part in China's criminal litigation expert auxiliary exist problems and their solutions. Put forward our country criminal expert auxiliary person opinion was form the basis of existing content, narrow, and three problems, the legal consequence of false statements targeted solution Suggestions, namely auxiliary one expert content should include the case involves the expertise knowledge, experts should be allowed to assist people marking, shall establish expert auxiliary false statements of legal consequences. |
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