关键词: 有专门知识的人, 专家辅助人, 质证顾问, 限缩范式

Abstract: In the context of diversified expansion of litigation experts,“people with expertise” stipulated in the laws are actually participating in judicial process as appraisers, case-handling auxiliaries, cross-examination consultants and quasi-judicial appraisers. Among them, the traditional criminal expert assistant based on Article 197 of the Criminal Procedure Law is and should be a cross-examination consultant with limited functions. This understanding is not only supported by the doctrine of the law, but also conforms to the trend of China’s judicial system reform, respects the characteristics of the institutional environment, and meets the needs of the construction of differentiated systems. Therefore, the further improvement of the expert assistant system should adhere to its limited paradigm, that is, with the effective exercise of the cross-examination function as the goal, to build its rights protection system from three aspects: the judge’s examination of the cross-examination consultant’s application to appear in court, the clarification of the right to appear in court, and the allocation of out-of-court rights.

Key words:  person with expertise, expert assistant, cross-examination consultant, limited paradigm