Research On Basic Problems Of Participation Of "The Specialist" In Criminal Procedure

The specialist has been in criminal proceedings for many years and has played a huge positive role in criminal proceedings in China.However,with the development and reform of the times,the system cannot be static,and it needs to evolve gradually.Through the historical evolution of the system of the specialist,we grasp the historical context and logical evolution of the development of the system.The scientificization of facts and the guarantee of the realization of substantive justice have raised the need for "the specialist" to participate in criminal proceedings.Those with specialized knowledge are constantly involved in the whole process of criminal proceedings,which will be used to ascertain the facts of the case and achieve criminality.Litigation finds real value goals and guarantees the positive impact of the realization of substantive justice.The reform of the adversarial litigation system and the realization of the guarantee of procedural justice have realistic expectations for the participation of "the specialist" in criminal proceedings.Therefore,the participation of people with specialized knowledge in criminal proceedings is an inevitable trend of historical development.At present,there are many problems in the criminal investigation of the specialist in China,both in the inspection and inspection stage and in the trial.In the investigation and inspection stage of investigation,the boundary between inspection and identification is ambiguous,the qualification of experts is not clear,and the problem of confusion with identification is caused.In the trial stage,the status of the expert is unclear,the attributes of the evidence and opinions Unclear validity,unqualified qualifications for experts,and narrow participation of experts.These problems have been controversial both in practice and in theory,and have caused embarrassment to judicial practice and the further development of the system.Through the investigation and analysis of the expert witness system of the Anglo-American legal system and the expert support system of the civil law system,the relevant experience is extracted from it,in order to provide useful reference forthe development and improvement of China's "person with specialized knowledge" to participate in the criminal litigation system.In view of the problems in the criminal proceedings of "the specialist",combined with the judicial practice of criminal procedure in China,relevant countermeasures and suggestions are proposed.Based on the principle of “equal arming” to achieve a fair trial,based on the reality of rationality,we first “break” and “stand” the issues related to the qualifications and litigation status of “persons with specialized knowledge”.In addition to the appraiser,there is no distinction between people with specialized knowledge in legislation.However,we are divided into inspecting experts and cross-examination experts(expert assistants)in terms of academics and practice.In fact,people with specialized knowledge are subordinates.In the case of complaints and defenses,it is essentially an expert assistance.Based on this,it can solve the relevant disputes well and will not hinder the development of the system.Secondly,for those with specialized knowledge,especially the defendants.The employed persons with specialized knowledge are involved in the design of the pre-emptive and follow-up systems of criminal proceedings,effectively solving the problem of the narrow participation of persons with specialized knowledge in the criminal proceedings.And expand the form of participation in criminal proceedings by the specialist.Finally,the legal aid system for the establishment of specialized knowledge in China is carried out.The argument of necessity and feasibility opens the way for the system to play its due role.