System Of Expert Of Civil Proceedings

Expert witness system is an important concept and system of litigation in common law countries. It plays a significant role in judicial practice. In the proceedings of litigation, the expert witness, based on his practice experiences and expertise,proposes observations to identify facts of the case, help the judges to find out and solute the technology disputes of the case. Now, in the practice of Chinese civil action, we solute professional issues through "expert+expert assistant". However, in the judge practice, Several Provision about Civil Evidence is too simple, not enough for so many complex cases.This article firstly elaborated the history of expert assistant system in Chinese civil procedure, summarized the mean features of Chinese expert assistant system and compared it with some related concepts. Then objectively and detailedly introduced expert witness system of common law countries. Based on this, emphatically analysed problems of expert assistant system in the operation. In the end, tentatively plan the improvement to the expert assistant system in Chinese civil procedure.This article considered expert assistant auxiliary and neutrality, they are one kind of procedure participates. The expert assistant opinion is also one kind of legal evidence. The court exercises the right to start this procedure and exam experts' qualification.