| In 2012,the newly revised "Criminal Procedure Law" in the field of identification of the problems in our country,drawing on the more mature experience of the two legal systems,the expert assistant system.The establishment of the system,making the identification of the field of expertise in the identification of the experts and the two complement each other expert opinion system.As a new system,the relevant legal provisions is more simple,and the theory about the criminal expert assistant the concept,legal status,opinions on the effectiveness of such opinions,in a certain extent,affected the courts treat experts to assist the people’s attitude and the adjudication of the case.Combining with the cases after the implementation of the new system appears,through the criminal expert assistant system compared with the two systems,the use of criminal procedure law principle,theory of evidence law of criminal expert auxiliary concept,legal status,effectiveness of opinion,qualifications and rights and obligations and problems for analysis and give the opinions of his own.This thesis consists of four parts:The first part is about the definition of the concept of the assistant of the criminal expert and the distinction between the concept of the person and the person,the witness and the defender.By comparing the difference between the experts and the relevant concepts,it is found that the characteristics of the experts,which is the important foundation of the independent legal status and the corresponding research value.The second part introduces the common law system and the continental law system and the typical countries of the criminal expert assistant system and the analysis of the two legal system countries criminal expert assistant system of their respective advantages and disadvantages.This part of the introduction aims to provide a reference for the analysis of the system of criminal expert assistance in our country and the improvement of the system.The third part through the analysis of typical cases after the implementation of the new system and combined with the theory of criminal litigation,major controversial issues put forward our country criminal expert auxiliary system exists in the judicial practice and the theory of.Including the expert assistant litigation status,opinion potency question,qualification,rights and obligations and the expert assisted the low utilization rate.The fourth part is the problems in the third part of the auxiliary expert system,draw lessons from the successful experience of the two legal system countries expert assisted system and put forward the corresponding suggestions according to the actual situation of the judicial practice of our country. |
