On The Role Orientation And System Perfection Of Expert Assistant In Criminal Procedure

At present,China’s criminal litigation system has begun to gradually improve.However,in recent years,with the continuous development of society,the social division of labor has gradually become complex.Therefore,in judicial practice,judges face more and more professional issues when trying cases.In the criminal trial process,judges’ judgments are usually made based on law and facts.In the legal field,judges have a rich reserve of legal knowledge and can make professional judgments on cases with their own legal expertise.However,in the aspect of fact finding,due to differences in cases,trials may involve some relatively specialized fields.For these relatively specialized fields,it is difficult for judges to make the most professional judgments on the case if they only use logical reasoning based on their own common life knowledge.In order to better judge the professional issues involved in a case,judges often rely more on expert opinions to judge the case.However,with the continuous testing of expert opinions in judicial practice,people are beginning to realize that expert opinions are not 100% correct and can be relied on.Expert opinions are not omnipotent in criminal proceedings,and they have certain limitations.In addition,in judicial practice,the attendance rate of judicial experts is relatively low.At this time,relying solely on expert opinions can no longer meet the needs of criminal proceedings.Therefore,in order to further safeguard the legitimate rights and interests of the parties,to identify the specialized issues involved in criminal cases,and to restore the facts of criminal cases themselves,it is necessary to improve the system of expert assistants in criminal proceedings,so that this system can complement the judicial expertise system,and jointly contribute to the improvement of our criminal proceedings system.In addition,the expert assistance system is a requirement of today’s judicial philosophy,which can effectively ensure the fairness of judicial activities and,to a certain extent,contribute to improving judicial efficiency.At present,although China’s criminal litigation related laws have explicitly proposed the expert assistance system,the relevant provisions for expert assistance are still relatively vague,and the effects in judicial practice are also uneven,making it difficult for the system to have its due role in judicial practice.Therefore,China should clarify the role of expert assistance in criminal litigation as soon as possible,On this basis,the system is continuously improved in legislative and judicial activities.This article summarizes the basic overview of expert assistance in criminal proceedings,conducts comparative research and reference on relevant foreign systems,and combs the legislative and judicial status quo of our expert assistance system in criminal proceedings.Aiming at the current status and problems of this system,it proposes suggestions for improving the legislative,judicial,and related systems.