Discuss On Constructing Expert Assistant In Administrative Litigation Of Our Country

With the devlopment of the scientific technologies, administerial cases become more specialization and diversification. When the judge try a case about very professional administerial cases, but his lack of professional knowledge, so it is very necessary to engage expert assistants to help the parties understand professional problem and help the judge identify the facts of the case. Ours laws haven't put forword the concept of expert assistants definitely, so this text attempts from the the concept of expert assistants, characteristics and combines the similar systems of overseas with expert assistants to analyse the necessity and feasibility of establish expert assistants in China,and proposes some detailed advises at last.The first part describes the concept of expert assistants, characteristics and so on. And draws a distinction between expert witnesses and other participants in the proceedings.The second part studies the the similar systems of overseas with expert assistants, mainly about assessor of Britain, technical adviser of Italy,and specialist system of Russia. And put an emphasis on the advantages and disadvantages of these systems, in order to use the reference of these system to establish expert assistants.The third part focuses on the the necessity and feasibility of establish administrative litigation expert assistants. To resolve administrative cases with diversification and specialization, to achieve the reform of administrative proceedings adversarial trial, and the blance of both parties's power, to protect the parties use the litigant rights, ross examination expert conclusion,trial administrative litigation case tinely.and chinese law can achieve Internationalization all need the construction of administrative litigation expert assistants.And that the purpose of identification conclusion and the views of expert assistants is consistency, identification of the system is not perfect, the intensive of adversary system all provide the feasibility for establishing expert assistants. Meanwhile, the rudiment of our's expert assistants, Judicial practice in some areas, the mature legislative experience of other countries and regions establish a more feasibility for setting expert assistants.The fourth part discusses the specific measures for Construction of administrative litigation expert assistants.