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专家辅助人出庭制度应司法实践的需要,在新刑事诉讼法和民事诉讼法中得到明确规定,但由于涉及的相关法条仅有两条,规定过于简单,存在着多方面的程序缺陷和空白,导致实践运用中产生诸多矛盾。为此,需要在专家辅助人出庭决定程序、专家资格审查方面考虑其司法公正保障功能。同时,应该及时出台专家意见证据规则的配套制度,赋予专家意见正式的法定证据资格,尽快建立鉴定意见庭前证据开示制度和专家辅助人法律援助制度,以促进我国专家辅助人制度更加完善,更好地服务于司法实践。
The system of expert appearing before court should be clearly defined in the new criminal procedure law and civil procedure law because of the need of judicial practice. However, due to the fact that there are only two relevant laws involved, the regulations are too simple and there are many procedural flaws and gaps , Resulting in a lot of contradictions in practice. Therefore, it is necessary to consider its judicial fairness safeguarding function in the process of expert adjudicative decision-making process and expert qualification examination. At the same time, the system of supporting evidence of expert opinion should be promulgated in time to give formal opinions of experts on statutory evidence qualifications, set up pretrial evidence discovery system and expert assistance legal aid system as soon as possible so as to promote a more complete system of expert supporters in our country, Better serve the judicial practice.