Research On The Perfection Of The Criminal Procedure Expert Assistant System

In recent years,as criminal cases have become more diverse and specialized,cross-examination of expert opinions has become more and more difficult.However,due to the fact that the defendant and the defender do not know much about the professionalism of the expert opinion,there is often insufficient cross-examination,which makes the expert opinion in the court trial dominate.In order to change this situation,my country’s legislative department added an expert assistant system in the revision of the Criminal Procedure Law in 2012.Criminal litigation expert assistants rely on their own professional knowledge and skills to help the prosecution,defense and trial to analyze the appraisal opinions and professional issues involved in the case,which has changed the monopoly of criminal appraisal opinions in the court to a certain extent.Enhanced judicial fairness.However,because my country’s current legislation on expert assistants is too simple,there is only one law,which causes judicial personnel to do not know how to operate in some detailed operation levels in practice,resulting in the application of this system in judicial practice.Chaos,contrary to the original purpose of the establishment of the system.In response to this problem,this paper attempts to summarize and generalize the essential attributes of criminal litigation expert assistants by analyzing various viewpoints on the existence of criminal litigation expert assistants in the theoretical circles and their related concepts.Then analyze and compare relevant foreign systems,learn useful experience,and propose countermeasures for my country to improve the expert assistant system:clarify the positioning of criminal litigation expert assistants,give them independent litigation status,and clarify the validity of their opinions;standardize criminal litigation expert assistants.rights,obligations and responsibilities,to ensure that they have clear rights and responsibilities in the process of participating in litigation;improve the participation procedures of criminal litigation expert assistants to ensure the formalization and standardization of their participation in litigation;build a reasonable assistance system so that each party can hire criminal litigation experts.The rights of expert assistants will not be defeated due to economic conditions;the protection mechanism of expert assistants will be improved to relieve their worries of participating in litigation.