Research On Expert Assistant System In Criminal Procedure

The provision of expert assistants in the Criminal Procedure Law came from the 2012 revision of the Criminal Procedure Law,which included "persons with specialized knowledge" in criminal proceedings.The birth of this system broke through the monopoly situation of expert opinion in criminal cases.As an important helper in the cross-examination activities of the prosecution and defense in criminal proceedings,the expert assistant makes up for the lack of specialized knowledge among the three parties of the prosecution and defense,assists in analyzing and commenting on the scientific and credibility of the expert opinion,and to a considerable extent overturns the situation of the "king of evidence" of the expert opinion.Since its introduction,the expert assistant system has been in operation for nearly ten years.The system has played a positive role in guaranteeing the effective exercise of the parties’ right to defense,providing effective support for the parties to enhance their cross-examination ability,solving many shortcomings of the judicial expert system and realizing judicial justice.However,because the legislation lags behind the development of The Times,the relevant laws and regulations of this system in the field of criminal procedure are not specific at present,and even there is a blank in some specific details configuration.The Judicial Interpretation of the new Criminal Procedure Law,which will come into force on March 1,2021,has been adopted by the Judicial Committee of the Supreme People’s Court.The new interpretation of criminal proceedings inherits the original intention of the legislation,which endows the evidence qualification of the report issued by the expert assistant and the confirmation of the accident investigation report,which is a highlight of the legislation and has practical significance.Although the criminal trial interpretation issued this time has made a certain supplement to the expert assistant system,but from the overall view of the system,it is still relatively sparse,lack of systematic provisions,so that it is chaotic in practical application.Because of this,the research is more practical.Only by solving the substantive problems of the expert assistant system,standardizing the procedural problems of the expert assistant system and formulating the guarantee problems of the expert assistant system,can the role of the expert assistant become more prominent in criminal proceedings.This paper first carries on a basic overview to the expert auxiliary personnel system.By distinguishing the difference between expert witness,defender and expert assistant,we can form a general cognition of expert assistant.The establishment of the system can balance the relationship between prosecution and defense,improve the appraisal system,and then promote the substantive trial.Next,the author makes a Comparative Study on the relevant expert system outside the country.It mainly tells the management system of expert witness in Britain and the United States in common law system,and the technical consultant system in Italy and the assistant system in Japan in civil law system.This paper analyzes experts’ qualification,selection,rights and obligations,judicial status and so on,hoping to bring some reference to China’s expert assistant management system.Then the system operation of the status quo and the plight of the comb.The first part of the third chapter is to analyze the documents in the Chinese judgment documents network.The author collected the relevant data of expert assistants from January 1,2013 to December 31,2021,and intuitively displayed the operation status of expert assistants in practice by drawing charts.The second part interprets the trial provisions jointly issued by the Supreme People’s Procuratorate,S Provincial High Court,Procuratorate,public Security Department and Justice Bureau,analyzes the legislative status,and hopes to provide benefits for the implementation of the whole country.The third part introduces the existing problems and deficiencies of expert assistants in Our country as a whole and provides direction for the improvement of the following article.Finally,the author puts forward the concrete construction and consummation suggestions to the current situation of the expert assistant.We should solve the substantive,procedural and guarantee problems of the expert assistant system,so as to make the system fit the current judicial system reform better and play the biggest role in the rule of law.