质疑与对抗:程序价值的自由言说——兼述专家辅助人制度

Questioning and Confrontation:Free Speech of Procedural Value——Concurrently on the Meaning of Auxiliary personnel as Expert

良好的刑事程序对于判明案件事实、确定责任归属、保障公平正义意义重大。程序控辩与平等对抗至为关键。同时,新《刑诉法》规定,诉讼参与人可申请"有专门知识的人出庭",这是朝着增强庭审实质对抗迈出的重要一步,有助于打破"鉴定垄断"。

The greatest significance of Criminal Procedure is to ascertain criminal facts of the case, and determine the attribution of responsibility, so as to safeguard the fairness and justice. Procedural debate and adversarial equality Wherein is critical. Under the stipulation of new Criminal Procedure Law, the procedural involved may apply for ＂Auxiliary personnel as Expert＂ to the court, which towards enhancing the substantive trial to an important step. It also helps to break the ＂identification of monopoly＂.