Discussion On The Auxiliary Expert System In Civil Procedure

The continuous development of the technology has affected all aspects of thesociety. And the changes also brought a new subject to civil litigation. On the onehand, with the large number of high-tech and new areas of professional issues into thecivil litigation, the judges lacking of professional knowledge have to rely on the judgeof the appraisers when they make a conclusion. On the other hand, the reform of civillitigation in our country is committed to strengthening the civil confrontation. But inpractice, there are some contradictions between these two objectives. So how toresolve these conflicts becomes a important problem in civil litigation.In2001, the Supreme People’s Court set the auxiliary expert system by issuingthe judicial interpretation. It provided a new concept to solve the professional issuesin civil litigations. However, the auxiliary expert system faces different kinds ofdifficulties in practice because it is still short of comprehensive and systematicregulations. So it is necessary to perfect the auxiliary expert system in civil procedure.The article is divided into four parts:The first part is the overview of the auxiliary expert system. It first introduces thebackground and the reasons of the establishment of the auxiliary expert system in ourcountry. Then, it analyzes the position of the auxiliary expert in civil litigation bycomparing the auxiliary experts with the other litigant participants. The second part is the current situation and the problems of the auxiliary expertsystem. This part introduces the major framework of the auxiliary expert system, andsummarizes the significance and the problems of the system by analyzing the judicialpractice.The third part is the investigation of the foreign related systems. This sectiondescribes the Italian technical consultant system and Japan’s litigation assistant system.Both of two systems can provide us helpful ideas to perfect the auxiliary expertssystem in our civil procedure.The fourth part is the ideas of improving the system of auxiliary expert. Throughthe analysis of the above, the system is improved in some aspects.