The People With Expertise Appointed And Engaged By Procuratorate Participating In Criminal Justice Procedure

In the current criminal justice practice,the emergence of professional issues in the investigation,review and prosecution,and trials is increasing.The procuratorial organs need technical support provided by those with specialized knowledge when handling criminal cases involving professional issues.It is also constantly increasing.On April 3,2018,the Supreme People’s Procuratorate issued the "Regulations on Assigning and Hiring People with Special Knowledge to Participate in Handling Cases(Trial)",refining the rules for the participation of those with specialized knowledge in order to solve the contradiction between the procuratorial organs’ demand for technology in handling criminal cases and the lack of relevant technology of procurators,and to seek cooperation mechanisms between technology and justice.However,a series of problems are exposed in the specific practice of people with specialized knowledge in criminal justice procedure.The legal functions of people with specialized knowledge are scattered and disordered;the role orientation is vague;the selection,management and protection of personnel are too rough;the opinions issued are lack of evidence effectiveness.In this context,it is necessary to systematically classify the types of experts according to the specific legal functions of those with specialized knowledge in order to solve the problems in the above-mentioned practice and realize the purpose of Procuratorate to appoint and engage persons with specialized knowledge to participate in criminal justice procedure.On this basis,integrate their legal functions,clarify the role of people with specialized knowledge at different stages and different links,the specific conditions for qualifications,norms and management,rights and obligations,rights protection and the abilities to issue opinions for those with specialized knowledge are specifically regulated and constructed the prosecution agency refers to the system of employing persons with specialized knowledge who are involved in criminal justice procedure.This thesis is divided into four parts:The first part is the analysis of the legal functions about the current prosecutor’s designated person who has expertise in criminal justice procedure.According to the Criminal Procedure Law,relevant judicial interpretations and regulations,the legal functions of the persons with special knowledge who are appointed and employed by Procuratorate to participate in criminal justice procedure are classified into assisting inspections,reviewing technical evidence,testing specialized issues,assisting preparatory work before the court,assisting in presenting evidence and certificating identifications in the trial.And the above legal functions are analyzed.The second part is the function integration and role orientation of the people with specialized knowledge appointed and engaged by Procuratorial organs in criminal justice procedure.According to the content of legal functions and the degree of independence and neutrality,various types of people with specialized knowledge are classified into those with specialized knowledge who provide supplementary assistance and those with specialized knowledge who provide professional opinions.On this basis,integrate the functions of people with specialized knowledge.Persons with specialized knowledge who provide supplementary assistance are positioned as technical advisers in criminal justice procedure,while giving full attention to the independence and neutrality of those with specialized knowledge who provide professional advice.The third part is to analyze the specific applications of the procuratorial organs in the investigation,review and prosecution,trial and other aspects to appoint and engage persons with specialized knowledge to participate in auxiliary inspection,review of technical evidence,inspection of specialized issues and certificating identifications.At present,there is still a disconnect between the corresponding legal provisions about the persons with expertise appointed and engaged by Procuratorate in criminal justice procedure.The specific implementary specifications for assisting inspections are missing.The applicable rate of those with expertise including certificating identifications is still low.The fourth part is the institutional construction of the people with specialized knowledge appointed and engaged by Procuratorate in criminal justice procedure.construct the system of those who have expertise appointed and engaged by Procuratorate in criminal justice procedure from the aspects of qualifications,personnel regulations,management and protection,and effectiveness of opinions.And provide theoretical support for the institutional development of the persons with expertise appointed and engaged by Procuratorate in criminal justice procedure.