Study On The System Of Expert Assistant

It is significant innovation that expert assistant is adopted incivil procedure. The dual‐system of'appraiser—expert'is anattempt that our country use the experience in Anglo—Americanlaw system and the civil law system. The system of expert assistantis in favor of examination and justice of the judgment. In Article 61in several rules of Supreme People's Court on Civil ActionEvidence regulates that the party can apply the expert assistant tothe court and give explanations on specialized issues. But thelegislation can't meet the need of trial practice now, Article 61doesn't regulates the position of expert assistant in civil trial, thequalification of expert assistant in medical dispute cases, theappearance proceeding of expert assistant.Based on the situation of the system of expert assistant, theessay analyses the dilemma in the medical dispute trial, try topropose suggestion on the system of expert assistant, improve andperfect the rules of expert assistant.There are five chapters (except for the introduction and conclusion) on discussing these issues.Chapter One: Theory basis of the system of medical appraisal.The writer analyses the condition of medical dispute action,discuss the problems in the system of medical appraisal.Chapter Two: The writer demonstrates the necessity andreason of applying expert assistant in medical dispute cases, andanalyses the situation on the system of expert assistant in ourjudicial system.Chapter Three: The writer induces experience from the systemof American expert witness, the assessor in Italy and the assistantin Japan. Research on the identity and the trend on developmentof the systems in different countries.Chapter Four: The writer proposes advices on how tocontribute the system of expert assistant, include defines theposition of expert assistant, design the process on expert assistantappearance in court, and put forward to guarantee measures onexpert assistant appearance in court successful.