论刑事诉讼专家辅助人制度
发布时间：2019-04-13 08:25
【摘要】：随着社会科技的不断发展，科学技术越来越多地被运用到诉讼中，并且在刑事诉讼中的作用也越来越重要。由于法官和当事人自身知识水平的有限性，使得其在诉讼中很难准确地理解和把握科学证据，也使得其在刑事诉讼中不能有效地质证。我国司法鉴定制度的确立是为了解决案件中的专门问题，但是，在具体的运用中，其不足也逐渐地表现出来。为了弥补鉴定制度的不足和更好的保障当事人的权利，我国在刑事诉讼中引入了“有专门知识的人”即学界所说的专家辅助人这一概念，但是不难看出《刑事诉讼法》以及相关的司法解释对专家辅助人制度的规定过于原则和粗疏，在实际运用中必然会带来诸多问题。完善刑事诉讼专家辅助人制度，对促进我国的司法公正，维护社会的正义有着十分重要的意义。 全文分为四章，共计30000余字。 本文的第一章阐述了研究思路，对国内的研究现状作了介绍，并且说明了本文的创新点。 本文的第二章介绍了刑事诉讼专家辅助人的基本理论，分别介绍了刑事诉讼专家辅助人的概念和相关概念的区别以及其存在的价值。通过这一章对刑事诉讼专家辅助人制度进行初步的介绍。 本文的第三章介绍国外相关的专家辅助人制度。在这部分中主要是介绍了意大利的技术顾问制度、俄罗斯的专家制度、日本的辅佐人制度。通过对相关制度的介绍以及评价，，比较出三国相关制度的异同和制度的利弊，从而使我国在构建相关制度的过程中能得到很好的启示。 本文的第四章主要是说明我国刑事诉讼专家辅助人制度的立法现状以及存在的问题，通过分析这些问题，提出相关的完善意见。
[Abstract]:With the development of social science and technology, science and technology are more and more used in litigation, and the role of science and technology in criminal proceedings is becoming more and more important. Due to the limited level of knowledge of judges and parties, it is difficult for them to understand and grasp scientific evidence accurately in litigation, and also make them unable to effectively prove geological evidence in criminal proceedings. The establishment of judicial expertise system in our country is to solve the special problems in the case, but, in the concrete application, its deficiency also shows gradually. In order to make up for the deficiency of the appraisal system and better protect the rights of the parties, our country has introduced the concept of "the person with specialized knowledge" in the criminal proceedings, that is, the concept of expert assistant, which is referred to by the academic circles. However, it is not difficult to see that the provisions of the Criminal procedure Code and related judicial interpretation to the expert helper system are too principled and careless, which will inevitably bring many problems in the practical application. It is of great significance to improve the system of expert helper in criminal procedure to promote the justice of our country and to safeguard the justice of the society. The full text is divided into four chapters, a total of more than 300 words. The first chapter of this paper describes the research ideas, introduces the current situation of domestic research, and explains the innovation of this paper. In the second chapter, the author introduces the basic theory of expert helper in criminal procedure, and introduces the concept of expert helper in criminal procedure and the difference of related concepts as well as the value of its existence. Through this chapter, the author gives a preliminary introduction to the criminal procedure expert aided person system. The third chapter of this paper introduces the foreign relevant expert assistant system. In this part, the technical consultant system in Italy, the expert system in Russia and the auxiliary system in Japan are introduced. Through the introduction and evaluation of the related systems, this paper compares the similarities and differences of the three countries' related systems and the advantages and disadvantages of the systems, so that our country can get a good enlightenment in the process of constructing the relevant systems. The fourth chapter of this paper mainly explains the current legislative situation and existing problems of the expert assistant system of criminal procedure in our country. Through analyzing these problems, the author puts forward some suggestions on how to improve the system.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D925.2
本文编号：2457410
[Abstract]:With the development of social science and technology, science and technology are more and more used in litigation, and the role of science and technology in criminal proceedings is becoming more and more important. Due to the limited level of knowledge of judges and parties, it is difficult for them to understand and grasp scientific evidence accurately in litigation, and also make them unable to effectively prove geological evidence in criminal proceedings. The establishment of judicial expertise system in our country is to solve the special problems in the case, but, in the concrete application, its deficiency also shows gradually. In order to make up for the deficiency of the appraisal system and better protect the rights of the parties, our country has introduced the concept of "the person with specialized knowledge" in the criminal proceedings, that is, the concept of expert assistant, which is referred to by the academic circles. However, it is not difficult to see that the provisions of the Criminal procedure Code and related judicial interpretation to the expert helper system are too principled and careless, which will inevitably bring many problems in the practical application. It is of great significance to improve the system of expert helper in criminal procedure to promote the justice of our country and to safeguard the justice of the society. The full text is divided into four chapters, a total of more than 300 words. The first chapter of this paper describes the research ideas, introduces the current situation of domestic research, and explains the innovation of this paper. In the second chapter, the author introduces the basic theory of expert helper in criminal procedure, and introduces the concept of expert helper in criminal procedure and the difference of related concepts as well as the value of its existence. Through this chapter, the author gives a preliminary introduction to the criminal procedure expert aided person system. The third chapter of this paper introduces the foreign relevant expert assistant system. In this part, the technical consultant system in Italy, the expert system in Russia and the auxiliary system in Japan are introduced. Through the introduction and evaluation of the related systems, this paper compares the similarities and differences of the three countries' related systems and the advantages and disadvantages of the systems, so that our country can get a good enlightenment in the process of constructing the relevant systems. The fourth chapter of this paper mainly explains the current legislative situation and existing problems of the expert assistant system of criminal procedure in our country. Through analyzing these problems, the author puts forward some suggestions on how to improve the system.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D925.2
【参考文献】
相关期刊论文 前3条
1 陈斌;王路;;论我国刑事诉讼中的专家辅助人及其制度构建[J];湖北社会科学;2011年01期
2 黄学贤;;行政诉讼中的专家辅助人制度及其完善[J];法学;2008年09期
3 胡美腾;刘洁;王金姣;常林;;专家辅助人中立性刍议[J];法制与社会;2012年13期
本文编号：2457410
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