The Research Of Expert Auxiliary System In Civil Procedure In China

The rapid development of science and technology for the era brought morechallenges for the community at the same time to bring us a lot of problems, the face ofthe increasing specialization of complex scientific and technological issues, the conduct oflitigation activities must rely on modern scientific and technological knowledge in order tosmooth efficiently. However, how to deal with these high-tech issues with a high degree ofprofessionalism, and just ordinary people knowledge of the parties and the judge will behelpless, even with "scientific evidence" the the title forensic conclusions also can notmeet the needs of modern litigation. In this context, the Supreme People’s Court, China’sCivil Procedure Law has brought a new system-the System of Expert, detailed provisionsin the61content of the "Civil Evidence", the system seems to break the bottleneck periodfaced by the law of evidence, and opened up a new way for China’s civil litigation reform.And in August2012, the Standing Committee of the National People’s Congress passedthe new Civil Procedure Law is the system final legal form finalized.Study and explore the international wave of judicial reform come and go in thecontext of the times, of the Code of Civil Procedure experts auxiliary system, in order toimprove the system to make it play its due effect. Throughout this article, the main part ofthe introduction, body part, and the conclusions of the three section content. Introductionpave the way, I first body part from expert-assisted start with an overview of the humansystem, clearly it’s the concept and strict comparison with the distinction between theconcept of the people involved in other litigation, and the legitimacy of its existence someexplore; expert system of extraterritorial countries Secondly, I conducted in-depth researchand discussion, and a detailed comment on them at the pros and cons; once again, in viewof the legislative and judicial status quo of China’s Civil Procedure Auxiliary ExpertSystem, in-depth analysis drawbacks and its causes; Finally, for better Perfecting the Civilexperts assisted human system, the author proposes a series of concrete measures to buildthe system, including unified Auxiliary Expert title, its reasonable positioning, theestablishment of The specialists assist proper system to establish clear rights and obligations, a clear expert opinion evidence of the effectiveness of specialists assist thepeople to participate in the proceedings of the program standards harmonization, as wellas the establishment and improvement of the corresponding supporting projects.