An Empirical Study On The Criminal Expert Assistant Syste

In the context of rapid economic and social development,the expert opinion involving specialized issues has an important impact on the conviction and sentencing and even plays a decisive role.The establishment of the expert support person system helps to effectively protect the rights of the parties and at the same time promote the substantiation of the expert opinion.However,the empirical study found that the role of expert supporters in practice is relatively limited,especially in the case of expert supporters hired by the defense,it is still difficult to substantiate the identification opinion,and the opinion provided by them is also difficult to obtain the support of the court.Influence the effective operation of the system has multiple factors,mainly can be divided into the conceptual level and institutional design: first,the conceptual level is manifested in the judiciary to adopt the expert support person’s opinion has a subjective,arbitrary tendency,while the identification of the cross-examination of the opinion there is a tendency to formalize.Second,at the level of institutional design: on the one hand,the law lacks clear provisions on important basic issues related to the expert-assistants system,such as the qualifications of expert-assistants,the status of litigation,the system of authority and responsibility,and the evidentiary attributes of their opinions.On the other hand,the operating procedures of the expert-assistants system are unreasonable:first,the conditions for activation are too principled,and the court’s discretion is not reasonably limited;second,the appearance of expert-assistants in court cases cannot guarantee the presence of experts,and it is unclear whether the experts can be questioned during the court trial;third,the court’s review of expert-assistants’ opinions shows a tendency to be simplistic.Therefore,accordingly,the improvement of the expert-assistants system should be from the change of concept and perfect expertassistants system to ensure that the expert-assistants realize the due litigation value.In the conceptual change,attention should be paid to the review of the expert-assisted person’s opinion,overcome the concept of tendency and the tendency of formalized evidence;system design,one should clarify the basic issues of the expert-assisted person system,the expert-assisted person as the role of "nitpicking" the identification opinion,in order to improve the reliability of their opinions,the qualification requirements should be adopted The second is to further refine the specific operating procedures to make the expert-assistants system operable,so that the criteria for starting the procedure,the mechanism of litigation participation and the unified expert-assistants opinion review mechanism should be reasonably set.Only from the above-mentioned multiple perspectives to improve the expert-assistants system and promote the effective operation of the system,can the unique role of expert-assistants be brought into play to meet the needs of scientific determination of facts.