刑事诉讼中专家辅助人制度的解析与完善

Analysis and Perfection of Expert Auxiliary System in Criminal Procedure

司法鉴定制度改革进程中,传统公检法专业问题判断内部制约机制逐步消解,刑事领域专门问题鉴定失误频发,促生了刑事诉讼领域专家辅助人制度的引入。当前立法对该项制度的规定并不完善,专家辅助人的角色定位和意见属性相当模糊。适度扩张专家辅助人的角色功能,完善其权利义务,明确其出庭的程序细节,是该项制度更好地嵌入原有刑事诉讼体系的内在要求。

In the process of reforming judicial appraisal system,the internal control mechanism of professional issue appraisal from traditional public security departments has gradually disappeared,and the errors in appraising professional issues in criminal field have occurred frequently,which has promoted the introduction of expert auxiliary system in the field of criminal procedure.At present,the provisions of the system are not perfect and the role orientation and opinion attribute of the expert assistant are quite vague.It is the inherent requirement that the system should be better embedded in the original criminal procedure system by moderately expanding the role and function of the expert assistant,perfecting its rights and obligations and defining the procedural details of its appearance in court.