Perfection Of Subsidiary System Of Civil Action In China

In order to meet the needs of social development and make up for the accreditation system, the Civil Procedure Law of our country on the basis of expert witness in common law system is established on the auxiliary expert system in china. The expert assistant system on the one hand to make up for the lack of expert system, on the other hand, enhance the parties to expert opinion evidence ability, and improve the ability to judge professional issues, provide an institutional guarantee for the realization of judicial justice in our country.2013 implementation of the "PRC Civil Procedure Law" was formally established expert auxiliary system, in 2015 the implementation of the "on the people’s Republic of China Civil Procedure Law and the judicial interpretation" of the expert assistant system made further improve. But from the system overall, many aspects of the system of legislative gaps still exist, leading to the judicial confusion. Often the expert assistant system in judicial practice. For example, a recognized expert assisted the qualification, litigation status, starting procedure and so on. These issues need to proceed from the theoretical study to promote the perfection of the legislation.In this paper, the author used the analysis problem, problem solving mode to complete the analysis of expert assisted system, and on the basis of relevant foreign legislation experience, to the development of our civil litigation pattern direction as the angle of view, proposed to the expert assistant system recommendations.Except for the introduction and conclusion, this paper is divided into five chapters:The first chapter, the author first defines the China’s legislation on the "people with specialized knowledge" in the title. From the point of view of epistemology and the analysis of the value of the auxiliary expert system.The second chapter,through the analysis of the legislation and practical cases that expert system of auxiliary problems.The third chapter, the causes of the expert assistant system, and in our civil litigation pattern development direction is analyzed, existing problems of our expert assisted system in order to find the problems under the surface of the crux of the problem, namely the power system of litigation parties based concept, lack of existing research between civil mode of action and expert auxiliary system, the core problem of relationship did not reach consensus, to perfect the expert assistant system has made the theoretical groundwork.The fourth chapter, our expert assisted system of expert witness institution in Anglo American law transplantation. The expert witness system of Anglo American law system after years of development, the design of the system is relatively perfect. Therefore, in this chapter the author tries to witness system American experts and from the litigation assistant system design in Japan, perfect to complete our expert assisted system.The fifth chapter, to solve the problem. Through the analysis, the third chapter of the fourth chapter related reference system, the author puts forward to our expert assisted system suggestions.