Research On The System Of Criminal Expert Assistants In My Country

The development of the expert assistant system in my country is slow,but it is undeniable that the opinions of expert assistants have played an important role in the review and application of scientific evidence in my country.Since the development of the expert assistant system,there have been some unavoidable problems in practice.Therefore,this paper adopts the method of empirical analysis,conducts data statistics and analysis on the research samples,combines national representative and influential cases and real cases in the research samples,understands the operation status of the expert assistant system,and summarizes the operation process of the system.problems,and put forward relevant suggestions for improvement.The following problems are revealed in the operation of the expert assistant system: First,there is confusion among legal workers in the understanding of the role of expert assistants.It can be seen from the sample judgment documents that judges,prosecutors,and lawyers all identify expert assistants as persons with specialized knowledge,expert assistants,and expert witnesses,which leads to confusion in the application of the appellation of expert assistants in practice.The role of the expert assistant was wrongly identified,so that the expert assistant took on functions that he should not have assumed.Second,the access rules for expert assistants are unclear.Whether expert assistants can obtain access qualifications is a prerequisite for their participation in subsequent litigation activities.However,the legislation does not make detailed provisions for their access,giving judges greater discretion,so that some expert assistants are excluded from litigation.Third,the procedures for the appearance and cross-examination of expert assistants in court are not standardized.The law only stipulates that the appearance and cross-examination of expert assistants should refer to the provisions of appraisers.The ambiguity of legislation makes the court appearance rate of expert assistants low,the standard of appearance in court is not clear,and the cross-examination procedures are not standardized.Fourth,the nature of the opinions of expert assistants is unclear.Our country has never positioned the opinions of expert assistants as statutory evidence,but requires the opinions of expert assistants to question the appraisal opinions,which leads to a bias in the adoption of expert assistant opinions by judges,and the acceptance rate of the opinions of defense expert assistants is relatively high.Low.In order to solve the above problems,the expert assistant system should be improved from the following aspects.First,clarify the role of expert assistants,return the right of cross-examination to lawyers,and realize the transformation from the role of expert assistants to expert witnesses.Second,regulate the discretion of judges in the admission of expert assistants,make a clear definition of expertise,and refine the qualification access rules for expert assistants.Third,standardize the court appearance and cross-examination procedures of expert assistants,and promote adequate cross-examination by both the prosecution and the defense through the application of pretrial conferences and cross-examination rules.Fourth,give the opinion of expert assistants the attribute of scientific evidence,and clarify the rules for adopting the opinions of expert assistants when they play different functions.