刑事专家辅助人制度的问题与完善

Problems and Improvement of the System of Criminal Expert Assistants

摘要: 为了弥补司法鉴定存在的弊端，我国引入了刑事专家辅助人制度，以帮助法官和当事人更好地理解诉讼过程中出现的专业性、技术性问题。这项制度虽然已经设立多年，但因法律规定不完善，导致其在适用过程中出现了诸多问题，严重制约了其功能的发挥。为解决刑事专家辅助人制度在实践中的乱象，需要从刑事专家辅助人的选任方式、管理制度出发，明确刑事专家辅助人的诉讼地位与诉讼立场，规范其参与诉讼的方式与程序，细化其权利、义务与责任，推动刑事专家辅助人制度不断完善，增强其在刑事诉讼中的实际效用，提高审判效率，促进司法公正，为我国法治建设提供理论支撑和实践参考。

Abstract: In order to remedy the shortcomings of judicial expertise, China has introduced the system of criminal expert assistants to help judges and parties better understand the professional and technical problems arising in the course of litigation. Although this system has been established for many years, there are many problems in its application due to the imperfect legal provisions, which seriously restrict its function. In order to solve the disorder of the system of criminal expert assistants in practice, it is necessary to start from the selection and management system of criminal expert assistants, clarify their litigation status and position, standardize their participation in litigation, refine their rights, obligations and responsibilities, promote the continuous improvement of the system of criminal expert assistants, enhance their actual effectiveness in criminal proceedings, improve trial efficiency, promote judicial justice, and provide theoretical support and practical reference for the construction of the rule of law in China.