Expert Assistant System Of Criminal Procedure In China

With the rapid development of the use of scientific evidence,it is increasingly difficult to understand issues in some professional fields,and the power of appraisal is usually held in the hands of public authorities,which can lead to the emergence of unfair,false,and erroneous cases.The main purpose of establishing the expert assistant system in criminal proceedings is to introduce experts with professional knowledge to cross examine the disputed part of the expert opinion from the standpoint of both the prosecution and the defense,so that the judge can make a reasonable decision.However,due to the immature system of expert assistants in criminal proceedings in China,the relatively principled and careless legislative provisions,inaccurate role positioning,and insufficient practical experience,there are still many problems,such as the extremely low application rate of expert assistants in criminal proceedings,chaotic litigation roles,non-standard participation in court investigation procedures,and the unclear adoption of expert assistants’ opinions by judges.If the establishment of the system cannot ensure its operation on a reasonable track,it must be ensured by reasonable manual means.By studying the operation of the system of expert assistants in criminal proceedings,this article discovers the problems existing in criminal justice practice,accurately locates the role of expert assistants in criminal proceedings,and,on the premise of accurately positioning their litigation status,specifies in detail the conditions,rights,obligations,and procedures for participation in litigation.This article consists of five parts: The first part is an introduction,which briefly describes the research background and significance,research methods,innovation points,and research framework.The second part clarifies the concept of expert assistant,discusses its basic content,and aims to clarify what is the expert assistant system and what functions it plays in judicial practice,providing a theoretical basis for the following.The third part,starting from the legislative situation and the current situation of operation,clarifies the problems existing in the system of expert assistant in criminal proceedings in China,and finds out the reasons for the problems so as to solve the problems.The fourth part clarifies that if we want to improve our criminal litigation expert assistant system,we must accurately define its litigation status.The key to defining the status of litigation is to accurately distinguish its differences from the agents,defenders,ordinary witnesses and experts.The fifth part is the specific strategies to improve the system of expert assistants in criminal proceedings in China.Firstly,it is necessary to clarify the conditions and procedures for expert assistants to participate in criminal proceedings,and secondly,it is necessary to make reasonable provisions for their rights and obligations.Finally,the key point is to specify the opinions of expert assistants and provide responses in the judgment.