A Study On The System Of Civil Expert Assistants

With the development of our society, the case number and complexity of China civil procedure have a huge rise in recent years, which requires a lot for China judge. As a legal professional, a judge is usually lack of knowledge to cover every case. There is forensic system in China to deal with the case with special requirement for knowledge. However, the forensic system gets a lot of criticize for some reasons like low participation rate in court, etc. The expert assessor system is firstly introduced in 2012.China Civil Procedure Law to improve this situation, and later is specified in the Judicial interpretation of China Civil Procedure Law. The expert assessor system complies with the principle of the burden of proof lies upon him who affirms, and has a huge influence on the identification system development. However, the expert assessor system is hard to get refined in practice within existing regulations. The china expert assessor system is a unique system, which adopts some strong points from both the Expert Witness System of the Common Law and the Appraisers System of the Civil Law. For the above reasons, we would like to analysis problem and solution for the start of expert assessor system, the qualification of expert assessor, the confrontation of expert assessor system and the admissibility of expert assessor system to help improve the expert assessor system.