Perfect On The System Of Expert Assistant In Chinese Litigation

To meet the urgent needs of practice, a new system which is called the system of expert assistant is established by the judicial interpretation. It is not only the strong response to the professional development of judicial proof activity, but also the reference from the expert witness of Anglo-American Law. The regulations about the system of expert assistant in the judicial interpretation have important significance for litigation practice. But there are many insufficient parts in the system of expert assistant which should be improved. It puts forward the idea that perfecting the system of expert assistant has plenty of justification and we should perfect the system as soon as possible to the problems which are existed in the system of expert assistant in China.At present, to maintain the special problems relies on the judicial appraisal mainly in the litigation practice. But it is impossible to solve all the special problems through the procedure of judicial appraisal due to the quality of limitation and stable on the range and procedure of judicial appraisal. The expert assistant who joins in the lawsuit can explain and instruct the special problems which are involved in the case and query scientific evidence such as the appraisal conclusion to compensate for the defects of the appraisal system. The expert assistant should be responsible for the court firstly and help the parties to join in the litigation from the professional view, so it is a new kind of participator in the lawsuit and should have the quality of neutral and orientation. The regulation about the system of expert assistant in the judicial interpretation is simple and lack of maneuverability. The qualification, rights, obligations and the validity of the suggestion which is advanced by the expert assistant and the specific procedures which are applied to the expert assistant are not clearly stipulated or not provided. The results are that the practices of the court in different area are not alike and the embarrassed plight of the expert assistant in the litigation. Perfecting the system of expert assistant adapts to the philosophy demands of the modern judicature, realizes the legal value that the system should have and satisfies the practical needs of judicial practice. Therefore, on the basis of summarizing the practice experience and the analysis and comparison with the related system in the foreign countries, we should perfect the specific content about the system of expert assistant as soon as possible. It puts forwards the idea that to perfect the system of the expert assistant lies in making the operable regulations through the legislation. We should adopt the loose attitude relatively for the qualification of expert assistant, and his expert opinions play an important role in that the judge forms his inside belief. It thinks the way to start the system includes the application of the parties and the court starts, and the court should share the obligations to notice and organize the experts to exchange their opinions. The cross-examination program can be applied in the trial. Through the improvement about the system of expert assistant, it may give play to the system of expert assistant better and realize the due value which the system of expert assistant should have.