刑事诉讼专家辅助人出庭困境及其优化路径

The Dilemma of the Criminal Procedure Expert Assessors in Court and Its Optimization Path

摘要: 专家辅助人出庭制度崭露头角至今，在刑事诉讼活动中平衡控辩双方力量方面起到了积极的促进作用，进一步纠正了司法审判与鉴定活动间错位关系的立法意图。但在我国，由于法律条文的粗疏规定，导致专家辅助人出庭制度在刑事诉讼活动中的普适较低，在实践中出现诉讼地位模糊、资质审查模糊等方面的问题，出庭困境亟待解决。为推进庭审实质化目标顺利实现，形成“二元化”的鉴定意见审查模式，切实发挥专家辅助人出庭的积极作用，本文将从立法完善、资质优化、出庭规范、配套措施到位的路径对我国刑事诉讼专家辅助人出庭制度进行优化完善，提高与我国现有司法制度的匹配度，共同合力发挥其最大效用。

Abstract: Since its emergence, the expert assessor’s court appearance system has played a positive role in balancing the forces of both prosecution and defense in criminal proceedings, and further corrected the legislative intention of the dislocated relationship between judicial trial and expert identification. However, in our country, due to the inadequacy of legal provisions, the system of expert assessors appearing in court has a low universality in criminal proceedings. In practice, there are some problems such as fuzzy litigation status and fuzzy qualification examination, and the dilemma of appearing in court needs to be solved. In order to promote the successful realization of the substantive goal of court hearings, form a “dual” appraisal opinion review mode, and effectively play a positive role in the appearance of expert assessors in court, this paper will optimize and improve the appearance system of expert assistants in criminal litigation in China from the path of perfecting legislation, optimizing qualifications, regulating appearance, and putting in place supporting measures, so as to improve the matching degree with the existing judicial system in China, working together to maximize its effectiveness.