刑事诉讼中的专家辅助人：适用困境及优化路径

Expert Auxiliaries in Criminal Procedure: Application Dilemma and Optimization Path

摘要: 专家辅助人制度以其践行成果表明了该制度对我国刑事司法的重要意义，该制度的有效运作一方面促使当事人的质证能力得以提升、合法权利得以维护；另一方面能够襄助法官觉察鉴定意见存在的缺陷或纰缪，促进审判公正。然而，中国的刑事专家辅助人制度在运行过程中存在专家辅助人角色定位的去精准化、专家辅助人意见的非证据化、控辩双方利用专家辅助人制度能力的失衡化以及专家辅助人制度的去规范化等适用困境亟待解决。展望未来，应在对专家辅助人的制度背景与价值准确把握的基础上，重塑专家辅助人的诉讼角色、赋予专家辅助人意见以证据效力、平衡控辩双方利用专家辅助人制度的能力、构建规范化的专家辅助人制度。

Abstract: In order to break the monopoly of public power in judging professional issues, reverse the formal situation of cross-examination in court, safeguard the legitimate rights and interests of the parties concerned and uphold justice in trials, China created the expert assistant system in 2012. The practice of expert assistant system shows that it is of great significance to China’s criminal justice. On the one hand, the effective operation of the system promotes the cross-examination ability of the parties and protects their legal rights. On the other hand, it can help judges detect the defects or errors in the appraisal opinions and promote the justice of the trial. However, in the process of operation of the expert assistant system in China, there are a host of difficulties to be solved, such as the confusion of the expert assistant’s role positioning, the non-evidence of the expert assistant’s opinions, the imbalance of the ability of the prosecution and the defense to use the expert assistant system and the lack of specification of the expert assistant system. Looking into the future, we should accurately grasp the institutional background and value orientation of expert assistants, remolding the litigation role of expert assistant, giving expert assistant’s opinions the effect of evidence, balancing the ability of both parties to make use of expert assistant system, and constructing a standardized expert assistant system.