Research On The Construction Of Assistant System In Criminal Proceedings In China

With the development of society,cases become more and more complex,and the improvement of judges 'personal quality is often difficult to make up for a series of problems brought about by the lack of their professional knowledge.In order to solve this contradiction,Britain,the United States and other countries have established the "expert witness system," and Germany,Japan and other countries have established the "appraiser system." Correspondingly,China has established the "expert assistant system." However,the establishment of the "expert assistant system" in China has not only failed to achieve this goal,but has also been widely criticized in practice.This is caused by many reasons,such as the lack of operability caused by legislation is too general,the unclear rights and obligations lead to confusion in practice,and the establishment of the subject is not comprehensive enough.Some scholars believe that this system can be further perfected.However,the author believes that "perfect" is not enough,but needs to use the appraisal assistant system to replace the expert assistant system.On the one hand,it is because the appraisal system is not omnipotent,on the other hand,it is because many problems encountered in the trial practice do not require the issuance of special appraisal opinions,the expert assistant system does not completely solve the need to explain the specialized problems in practice.And this is exactly what the "expert assistance system" can solve: One is intellectual property cases;Two is the cause of the victim's death;Three is network crime;Four is financial crimes;Five is financial and accounting information.So,it is necessary to give it the corresponding litigation status,and to regulate the procedure.The replacement of expert assistance system with assistants should be carried out from the following aspects:1.For the assistant,there is no need to limit the expertise required,which makes the range of people who can become assistants more broad,whether they are relatives,family elders or people with expertise.2.For cases where professional knowledge can not be understood and there is no need to make an appraisal opinion,it is also necessary to hire "experts" and use the assistant system to make up for the gap in the current expert assistant system.3.Procedures draw on the norms of extraterritorial assistants,including a series of regulations such as how to apply for appointment,whether the court decides to agree,how to notify the parties,when to appear in court,and effectiveness.