Theory Of Experts Aided Person ’s Legal Status In Criminal Lawsuit

The development of productive forces,science and technology progress and social division of labor is increasingly refined makes more and more specialized problems appeared in the criminal proceedings.And "the king of evidence" expert opinion on abuses in the judicial practice,in 2012 the new "criminal procedural law" will officially introduced expert auxiliary system in criminal litigation,the emergence of the expert system of auxiliary people is beneficial to make up for the inadequacy of expert opinion,but because there is no specific provision in the points experts aided person’s legal status,expert auxiliary people were not clear,the rights and obligations of the effectiveness of the auxiliary people published experts opinion not clear.In the judicial practice in the light of the application of the expert auxiliary people appeared in court not unified,expert auxiliary people appeared in court in a very awkward position.This no doubt to the judicial authority in our country and the stability of law,is not conducive to expert auxiliary people play their functions.In order to give full play to the role of the specialist auxiliary people,to resolve the current legal status is not clear about our country expert auxiliary the core issues.This paper discusses with five parts to this question.The first part of the criminal lawsuit of our country expert auxiliary system made a summary,from the specialist auxiliary people the most basic concept,has analyzed our country the necessity of to set up the system in the criminal proceedings.Points out the reasons of the establishment of this system is based on the defects of evaluation in our country,and discusses the function and meaning of set up the system.In the second part of our country criminal prosecution expert auxiliary legal status are analyzed.The author through the expert assist people with participants in the proceedings after comparative analysis pointed out that our country experts aided person shall belong to the participants in the proceedings of independence,and analyzes the expert auxiliary people as the independent litigant participant has the rights and obligations.In the third part of the current our country criminal prosecution expert auxiliary people make an empirical analysis of the legal status.The author selected two representative cases,one is the first person to expert auxiliary to appear in court in criminal lawsuit "in p door" case,another is the criminal lawsuit of our country has nine experts assist people to appear in court cases,the case to the author to press the specialist auxiliary are one of the largest case in the court.The author analyzes the two cases experts aided person’s legal status,and points out respectively the two typical cases for expert auxiliary legal status.Relevant experts in the fourth part of extraterritorial criminal lawsuit legal status with experts aided person’s legal status in our country has carried on the comparative analysis,find out the related expert system outside of characteristics and advantages and disadvantages,so as to find out the auxiliary people can draw lessons from the experience of the experts in our country.Considering the expert auxiliary system of China is closer to the mainland legal system country "experts" system,so the author will be main contents focus on the system o,"expert system" of Russia.The fifth part of experts in criminal lawsuit auxiliary puts forward some Suggestions for the perfection of legal status.According to the previous part of the comprehensive analysis,the author points out the expert auxiliary people should how to establish the legal status,and the improvement of the specific measures are put forward,such as conditional free expert assistance system,the build specialist auxiliary related supporting system.