Research On The Litigation Status Of Expert Assistant In Criminal Procedure

With the fermentation of modern market demand,the social division of labor is becoming more and more complicated and refined.The increasingly developed professional division of labor in various industries has become the mirror image of value pursuit diversification.There are many kinds of professional knowledge in criminal procedure.As a full-time legal worker,it is difficult to make an independent judgment on the professional problems in the case.Most of them rely on judicial exp ertise to obtain the answers of professional knowledge.It has a prejudgment effect on the judicial judgment,once the judicial expertise is made,it is difficult to overturn.The judge’s excessive dependence on expert opinion makes the examination of evid ence a mere formality,and many cases lose the opportunity to verify the authenticity.The introduction of the criminal expert assistant system is the check and balance of the appraiser system,which can help the court to clarify the facts of evidence more accurately,so as to promote the realization of judicial justice.However,the criminal expert assistant system entered the criminal field of vision late in our country.The current law only makes simple provisions on the principle of the criminal expert assistant system.So far,it has not clearly defined the litigation status of the criminal expert assistant.The lack of this legislation directly leads to the rights and obligations of the criminal expert assistant A series of related links such as safegu ard measures and judicial application can not be implemented.Therefore,it is urgent to study the litigation status of criminal expert assistant,so as to achieve the expected effect at the beginning of the system.From the perspective of the research on the litigation status of expert assistant in criminal procedure,this paper summarizes the litigation status of criminal expert assistant based on the theoretical basis of criminal expert assistant.Secondly,it points out five theories about the litigatio n status of the criminal expert assistant in the theoretical circle and the differences between the criminal expert assistant and other litigation participants,and explains the necessity of the litigation status of the criminal expert assistant in China.Through the data collection and analysis of the status quo of the criminal expert assistant,it is found that there are some problems in the criminal expert assistant system in China due to the lack of clear litigation status of the criminal expert assista nt.First,since the introduction of the criminal expert assistant system in China,the lack of relevant legislation has not only confused the definition of the criminal expert assistant litigation status in the theoretical circle,It also results in the d ifference of people’s cognition of criminal expert assistant in judicial practice;Second,the criminal expert assistant is always in a passive state,and the rights and responsibilities of participating in the litigation are not reflected;Third,due to the imperfection of the criminal expert assistant system itself,it lacks corresponding supporting safeguard measures;Fourthly,the application rate of criminal expert assistant system is very low in China’s judicial practice.This paper studies and summarizes the advanced experience of the expert witness system of the common law system,the Italian technical consultant system and the Russian expert system represented by the United States,and puts forward corresponding suggestions for the improvement of the problems found.First of all,it is necessary to make it clear through legislation that the criminal expert assistant is an independent litigation participant,On this basis,we should further clarify the rights and responsibilities of criminal expert assistants,establish safeguard measures for their litigation status,and consolidate their litigation status in judicial practice.