Ruminations on the Construction of the Assistance System for Expert Supporters in Criminal Proceedings
DOI:
https://doi.org/10.54097/4erbqa56Keywords:
Expert Support Persons, Expert Assistance, Institutional ConstructionAbstract
China established the expert supporter system in the field of criminal proceedings as early as 2012. However, factors such as unclear expert qualifications, expert peer pressure and economic difficulties of the parties make it difficult for the expert auxiliary to participate in the litigation, and the parties are unable to effectively cross-examine the expert opinions involving specialized issues. The construction of the criminal expert aid system is an effective means to solve the above dilemma, through the state aid to resolve the parties to hire experts, to ensure that the expert aid actually participate in the litigation, to protect the substantive equality of the litigation, so that the expert aid system is no longer just a “law within the book”. This article puts forward some specific ideas on the assistance system for expert supporters in criminal proceedings, with a view to improving and reforming the expert supporter system in China, by drawing on relevant systems at home and abroad.
Downloads
References
[1] Wang Yue. Research on the Basic Problems of Expert Auxiliary Person System--Taking the Provisions of Article 192 of the Criminal Procedure Law as the Entry Point[J]. Journal of Southwest University of Political Science and Law,2014, 16 (01):56-63.
[2] Yue Jun to. Expert Auxiliary Person Appearing in Court and the Rules of Admissibility of Expert Opinion[J]. Journal of Zhengzhou University (Philosophy and Social Science Edition), 2015, 48(05):84-89.
[3] Liu Shuihua. The Procedural Construction of Criminal Procedure Expert Support Person System[J]. People's Procuratorate, 2013,(13):76-77.
[4] Li Xuejun. The Solution to the Problem of Specialization in Litigation--Another Discussion on the Improvement of China's Appraisal System and Legal Forms of Evidence[J]. Politics and Law Forum, 2020,38(06):37-54.
[5] Chen, B. D.. Optimization of Rules and Supporting Mechanisms for Review and Certification of Expert Opinions [J]. Jurisprudence, 2023,(09):142-155.
[6] Information on : https://www.pkulaw.com.
[7] Zong Bo. On the Substantive Review of Scientific Evidence[J]. Law and Business Research,2024,41(01):150-167.DOI: 10. 16390/ j.cnki.issn1672-0393.2024.01.011.
[8] ZHANG Baosheng, DONG Shuai. The Role Transformation of Criminal Expert Support Person to Expert Witness in China[J]. Legal Research,2020,42(03):160-175.
[9] Han Xu. Modernization Expectations of the Rule of Law in the Fourth Revision of the Criminal Procedure Law[J]. Politics and Law Series, 2024,(01):53-68.
[10] Su Bojia. The Construction of Criminal Expert Auxiliary Assistance System[J]. Evidence Science,2022,30(05):587-599.
[11] Yang T. Practice and Improvement of Expert Support Person Appearance System in Criminal Proceedings--Analysis of “Nian Bin Case” and “Fudan Poisoning Case” as Samples[J]. Law application,2015,(10):108-115.
[12] Wu Hongqi. Expert Auxiliaries in Criminal Proceedings: System Change and Optimization Path [J]. Chinese Journal of Criminal Law,2018,(05):73-87.DOI:10. 19430/ j.cnki. 3891. 2018. 05.005.
[13] TAI Zhiqiang,FENG Lepeng. The Reshaping of Binary Appraisal Review Mode Under the Threshold of Expert-assisted Person[J]. Journal of the Chinese People's Public Security University (Social Science Edition),2022,38(05):53-61.
[14] Chen Ruchao. Multifunctionality of Experts' Participation in Criminal Justice and Its Systematization[J]. Legal Research, 2020, 42(02):89-107.
[15] Wang Lianzhao. Research on Expert Auxiliary System of Public Welfare Attributes[J]. China Judicial Appraisal, 2020, (05): 79-84.
[16] Chang Lin, Research on the System of Judicial Appraisal Expert Auxiliaries, (2012, China University of Political Science and Law Press).
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Academic Journal of Management and Social Sciences

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

