Research On The System Of Expert Assistant In Criminal Procedure

With the development of social science and technology,criminal methods have become more specialized,high-tech and more complicated.Criminal proceedings involve not only the identification of legal issues,but also the identification of many other professional issues.Evidence cannot be collected through traditional methods in this type of case,but only through scientific means.For example,the method of appraisal.The appraiser judges the professional issues involved in the case through his own professional knowledge and puts forward his own professional opinions in accordance with the procedures prescribed by the law.At this time,the expert opinion is of great significance for the judge to hear the case,and even plays a decisive role.The judges,parties,and lawyers are not professionals,and they do not understand the professional and scientific evaluation opinions made by the evaluators,and cannot effectively cross-examine the evaluation opinions.At the same time,due to the increasing demand for evaluators in criminal proceedings,the team of evaluators is also expanding.The quality of professional opinions issued by evaluators varies from good to bad.If the expert opinions cannot be effectively cross-examined,judicial justice may be undermined.Therefore,in order to solve the problems in the implementation of the appraisal system,experts from all aspects should be introduced in the trial,and the experts should use their professional knowledge to help parties,judges and experts who lack professional knowledge to effectively fight against them.The appraisal opinions express professional opinions,strengthen the cross-examination of the appraisal opinions,and improve the quality of the appraisal opinions.Through preliminary research on the definition of expert assistants,distinguish expert assistants from confusing appraisers.From the perspective of assisting the defense to fully cross-examine the appraisal opinions,make up for the insufficiency of the appraisal system,realize the fair value of criminal proceedings,improve the efficiency of criminal proceedings,and effectively restrict the prosecution’s exclusive right to initiate appraisal,it is demonstrated that my country needs to introduce expert assistance People involved in the lawsuit.At the same time,through the analysis of the expert witness system in the United States,the litigation assistant system in Japan and the technical advisor system in Italy,it summarizes its experience and lessons and draws on its advantages.By expounding the provisions of our country’s legislation on the expert supporter system in criminal proceedings and the status of the system in judicial operation,the expert supporter system encountered many problems in the process of implementation,such as unclear qualifications and selection methods,and participation in litigation procedures The regulations need to be refined,the litigation status is unclear,the validity of the opinions is vague,the rights,obligations and responsibilities are not clear,and the lack of supporting safeguards are issues.Corresponding suggestions for improvement are proposed.The first is to clarify the qualifications and selection methods of expert assistants,provide an effective basis for court review,and protect the legitimate rights and interests of the parties.The second is to refine the procedures for expert supporters to participate in litigation.It is clear that not only can the parties take the initiative to apply for expert supporters to participate in litigation in litigation,the court can also actively apply for expert supporters to participate in the litigation if deemed necessary in the trial of the case;Clarify the time and time limit for applying for the expert assistant to intervene in the litigation,and give the parties the right of relief in the case of being rejected by the court;clarify the procedure followed by the expert assistant in the trial of the cross-examination to ensure that the parties effectively exercise the right of cross-examination.The third is to clarify that the expert assistant is an independent litigation participant and give him an independent litigation status,so as to clarify the rights,obligations and responsibilities of the expert assistant.The fourth is to clearly advance the time for expert assistants to participate in litigation,and improve related supporting mechanisms.During the investigation stage,expert assistants are allowed to intervene to effectively supervise the identification activities.The addition of a legal aid system for expert assistants effectively protects the rights of criminal suspects and defendants with limited economic conditions.Implement the system of appraisers’ appearance in court and the establishment of expert supporters’ opinions to fully explain the system,and improve related supporting mechanisms.