On The System Of Expert Assistant In Civil Procedure

More and more Professional issues are involved in modern litigation.Theseissues cann’t be resoloved by judge and parties.But these issues are important for thelitigantion. To resolve these problems,the supreme people’s established the system ofexpert assistant in2002.This paper introduces the system of expert assistant from thefollowing four aspects.The first part is the brief intuduction of basic theory about the system of expertassistant.the concept of expert assistant and the difference between the expertassistant and the expert witness and the meaning of the system of espert assiatant areintroduced in this part. The interpretation of industy practices,rules and scientificprinciples from expert assistants meet the pratical needs of trial pratices. The expertassistant could ask questions to the professional expert.the role and statues of theexpert assistant in litigation are different from the expert witness and theprofessional expert.The second part introduces the anglo-american legal systems of the expertwitness system and the Italian technical consultant system.the selective of expertwitness,the adoption of rules for expert testimony,the pre-trial exchange of expertevidence rules and the cross-examination rules in court constitute the system ofexpert witness. We could learn something from the pre-trial exchange experttestimony，the adoption of rules for expert testimony and the cross-examination rulesin court.this part also introduces the Italian technical consultant system. the Italiantechnical consultant system is the integration of the expert witness system and theprofional expert system.the selective of technical consultant and the supervision ofidentification procedures worth leaning.The third part introduces the reality of the expert assistant system and somepratical problms.the law on the expert assistant is too brief to operate well.manycourts in the trials of cases actively explore and try the expert assistant system.andthis part analyzes the qualifications of the expert assistant,and his rights andobligations.The fouth part is the improvement of the system of expert assistant.for the third part of issues raised and draw on the expert witness system and the Italian technicalconsultant system,the qualifications of expert and rights and obligations toparticipate in cross-examination procedures shall be specific provisions. Expertsassisted people under the current system can only ask the expert conclusions issuedby the appraiser on the appraiser. Specialists assist professionals in the identificationof activities to be supervision, can greatly improve the reliability of the identificationof the conclusions, also more conducive to the cross-examination of experts assistedon the the Identification. Experts were determined through the appointment of theparties or the court commissioned. Specialists assist secondary party to theproceedings, but should still first ensure that the court’s duty of good faith. Auxiliaryviews of experts judges to decide cases in an important reference. Judges should beadopted of evidence of expert opinion or expert conclusions to be made.