| Since the promulgation of the Chinese Criminal Procedure Law in 1979, the functions of expert participating in criminal justice in China have become increasingly open and diversified. The gradual diversification of the expert system's functions is rooted in the triple internal logics of criminal justice in China, which are, the "cognitive logic" that bridges the knowledge gap between legal practitioners and experts, the "power logic" that realizes the "division of labor, cooperation and mutual restriction" among public security, procuratorial and court organs, and the "right logic" that protects the rights and interests of the parties and realizes the equality between prosecution and defense. However, from the perspective of structuralism and holism, there are obvious systematic defects in the criminal expert system in China, which mainly manifest as the excessive power-orientation, the unstructured function of the expert system and the non-standardization of the system. The system shall be improved through the adoption of a systematic approach. First of all, to turn the pattern of diversified expert participation in criminal justice into the pattern of binary expert participation that contains identification or evaluation experts and expert assistants. Secondly, to highlight the dimension of the expert right and rectify the power-oriented tendency of the system. Thirdly, to systematize the expert system to create better institutional conditions for experts to serve criminal justice. |
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