刑事庭审专家辅助人适用情况实证研究——以中国裁判文书网相关裁判为例

Empirical Research on the Application Situation of Auxiliary Person for Court Experts——take relative judgment in China Judgments Online as example

以中国裁判文书网相关裁判文书为例进行分析,我国专家辅助人适用率极低,且适用状况较为混乱,反映出专家辅助人诉讼地位模糊,聘请、出庭申请及申请决定权不明确,专家辅助人意见效力缺乏规定等制度问题。以审判为中心诉讼制度改革背景下,应从专家辅助人的诉讼地位、资质、申请主体、申请的决定和意见的效力等方面对该制度进行完善。

After analyzing relative judgment documents in China Judgments Online, we have found application rate of auxiliary per- son for experts is extremely low and application situation is rather confused, which shows litigation position of auxiliary person for ex- perts is vague, employment, application for appearing in court and resolution power to application are not clear, and there are less pro- visions on the opinions of auxiliary person for court expert. In the context of reforming the procedural system that takes trial as center, this system could be improved through lawsuit position, certification, applying subject and application decision and opinions＇ effectiveness.