Research On The System Of Expert Assistant In Court Inquiry

The injection of scientific elements has greatly changed the way of fact finding,which is a kind of evidence in criminal procedure.The injection of scientific elements to promote the case of a major change in the way of discovery,identification of opinion is one of the types of evidence in the current criminal proceedings;litigation is the embodiment of scientific and convenient.Scientific knowledge in a relatively long period of time will remain stable and correct rate,which is sufficient to meet the specific needs of the facts of the time to explore the truth.In spite of this,one cannot avoid the fact that the scientific sense represents the rationality and objectivity,is relative.That is,the sublimation of the theory,the progress of technology,the extension of the progress of knowledge,will make expert opinion: the limitations of the show,the wrong exposure.In recent years,the outbreak of many misjudged cases is precisely reflected "science" to bring the negative impact of the identification procedure.People’s understanding of the existence of sensory limitations and barriers to knowledge and other aspects of the limitations of modern litigation often encounter complex professional problems,the truth of the search for the need to seek professional help.The vast majorities of the parties are subject to the limitations of the types of personal knowledge reserves,and cannot understand the expertise expressed in the professional opinion.And so does the judge.Therefore,most of the scientific explanation of the facts of the case of the identification of opinion,and cannot be effectively cross examine and review.In the trial,not on expert opinion review largely touches the core of the problem;more,not the judge of all the disciplines of knowledge experts,in plain view of science under the guidance of expert opinion without sufficient cross examination and review of the very high probability of being accepted as a fact that according to the case.Such an approach is,of course,imprudent.In 2013,the new criminal procedure law introduced the expert assistant system.The establishment of this system,to provide institutional support for the legislation of solving some problems in the judicial practice of criminal identification,improve relevant identification system;but at the same time,we must clearly recognize that the legislators have realized the identification problem does exist,have to seek solutions of the courage to face the problem,but slightly unfortunately this system provides more careless in legislation.Legislative provisions and judicial operations,and cannot be seamless.The whole idea of this thesis: a case study as the starting point,to explore the theoretical framework layout expert assisted system for theoretical discussion and practical operation plan.It is divided into the following five parts:The first part,the background reveals.Analysis to the legislative background for the introduction of expert assistant system.The problem of criminal identification,which is constantly exposed,requires the legislator to regulate and respond to the problem and try to find a way to solve the problem.The criminal identification knowledge of science and technology is not completely correct;the judge to adopt expert opinion evidence still needs to be cautious as serious.The second part,the legislative status display.This part of the legal documents and legal documents for the implementation of the analysis,starting from the specific provisions of the norms,the overall situation of the legal system of expert assistance for the overall description,paving the way for the following.The third part,cases study.The "Nian Bin case" and "Lin Senhao case" are the sample cases of the expert assistant system in court,the two cases are very representative of the reality of the status quo of the expert assistant.In this part,the author summarizes the practice form of the expert assistant system from the two cases,and analyzes the problems existing in the system of the expert assistant appearing in court.The fourth part,undertake the third part.The real problem before the exposed part of the case for the premise,try to make some universal rules of expert assisted system,this part focus on perfecting the system of specific rules from the point of.The fifth part,the conclusion.With the background of judicial reform,expert witness system can indeed play a positive role in realizing the essence of the trial,but in reality under the framework of the establishment of direct verbal real trial,there continue to explore.