Research On The Participation Of Criminal Litigation Experts

In criminal procedure,fact finding is in the core and pivotal position.The result of fact finding plays a decisive role in the result of the case.However,some facts often go beyond the cognitive scope of the fact finding person.We call the problems that can not be proved by conventional means "special problems".In order to solve these special problems,the litigation system must introduce various experts.At present,there are two ways for experts to participate,one is the expert witness system represented by common law countries,the other is the appraiser system represented by civil law countries.Although the two modes are different in form,and have their own advantages and disadvantages,they all adhere to the same litigation law and principle,that is,"specialized in technical field".Taking the criminal procedure system of the former Soviet Union as the main reference,China’s expert participation system,the appraiser system,was established.The appraiser system has experienced more than 40 years of development.Although there is no explicit provision in China’s legislation,it has established the principle of "the problem of specialization in litigation shall be solved by the person with special knowledge" in several articles of law,in 2012,when the criminal procedure law was amended,the expert assistant system was added.However,many problems are exposed in the practice of experts’ participation in solving specialized problems.This paper will focus on the problem of experts’ participation in criminal proceedings and discuss it from four aspects.The first part mainly introduces the historical evolution of China’s expert participation system.On the one hand,it can fundamentally understand the various development stages of China’s expert participation system.On the other hand,it is convenient for us to find the development law of China’s expert participation system,so as to provide experience for the future reform of the expert participation system.The second part mainly analyzes and summarizes some problems existing in the judicial practice of China’s criminal litigation expert participation system,mainly focusing on the lack of theoretical support for the system construction,the imperfection of relevant legislation and the lack of operability of the operation mechanism.The third part gives solutions to the problems existing in the system of expert participation.Clarify the connotation of "expert" in theory,confirm the evidence effect of expert opinions,and build a multi-functional expert system.The fourth are aimed at the problems that may appear in the process of the operation of the system of expert participation in criminal proceedings,and provides institutional guarantee,mainly including ensuring the exercise of the rights of the parties and preventing the parties from abusing their rights.At present,there are many problems in the expert participation system in our country,but it is not difficult to find that the expert participation system in our country presents a trend of integration of the expert witness system and the expert appraiser system after careful analysis of some specific measures of judicial reform.However,we must refuse to put the two systems under one Chinese legal system.