关键词:

专门性问题, 二元专家制度, 可信性, 知识权力, 庭审实质化

Abstract:

The expert assistant system helps to make up for the shortcomings of the limited scope of application and the lack of external constraints of the forensic system, and it plays an important role in the identification of specialized issues in the trial. However, in practice, judges generally do not really trust the opinions of expert assistants, resulting in a low rate of use and acceptance of the opinions. The function of the expert assistant system is difficult to exert effectively. The reason is that there is  mispositioning in the role of expert assistants and their opinions, and the arrangement of procedural matters such as review and evaluation is insufficient. In addition, there is a lack of regulations on the legal liability of expert assistants for violations. Therefore, in order to ensure that expert assistants uphold a neutral position and fulfill their obligations of objectivity and impartiality, the independent litigation status, rights and obligations of expert assistants should be clarified. Meanwhile, the pre-trial qualification review and the cross-examination rules during the trial should be strengthened. In this way, judges can comprehensively judge the credibility of the opinions. Finally, we should build a multi-level responsibility system to regulate and sanction the behavior of expert assistants who issue false opinions.

Key words:

specialized issues, dual expert system, credibility, substantive trial