Discusses The Expert Auxiliary System Of The Civil Litigation In Our Country

In2012August， the newly revised code of civil procedure issued． Articleseventy-ninth specifies that the parties can apply for people with expertise to participate inthe proceedings，which in purpose for putting forward opinions of professional issues．Thereason for legislation is：On the one hand，more and more disputes which involved inprofessional issues into the court．The judge is highly dependent on the appraisal conclusionmakes the parties are dissatisfied with the result of the trial，which damage to the judicialjustice and judicial authority；On the other hand，along with the consciousness of thelitigation rights of the parties concerned，in case，the parties pay attention to the equality oftreatment．Introduction of expert assisted system makes the parties have enough power tocontend with the expert opinion．Finally，in the civil litigation to pay more attention to theadversary，the expert assistant system can better balance the interests of both parties，toachieve effective against．However，because of the law of expert assisted system onlyprovides for the principle，the author from the concept of the expert assistant starting，in-depth analysis the construction of expert auxiliary．This paper is divided into thefollowing four parts：The first part，the author discussed the expert in civil litigation of China’s basicdiscussion． First， the author discusses the concept and characteristics of assistedexpert．Then，the author analyzes the legislative background of the expert assisted system，including the parties cannot carry out effective analysis，the parties unable to make effectiveexamination of the expert opinions．Third，in the content of legislation，the author lists ourassisted expert content relates to the current law．Finally，in the legislative background，theauthor further discusses the existing problems of expert assisted system．The second part，the author studies the litigation status and the role of the assistedexpert，which is the key part of this paper．First，the author discusses the legal status oftheory about how to set up assisted expert．Second，the author clearly put forward the legalstatus of expert assisted．Because the litigation status of our legislation is not clear，there aredifferent views of specific litigation between the academic circles and thejudiciary．Therefore，the author also put forward on the auxiliary expert status in litigation views，and carried on making detailed description．Secondly，make compare with the expertassistant，identification of human and litigation agent．Finally，based on determining theexpert assistant litigation status，the author puts forward clearly evidence attribute ofauxiliary expert opinion．The third part，using the rules to build the expert assistant system，this is also animportant part of this paper．This chapter mainly from the two aspects of entity andprocedure to discuss the specific application rules of expert assisted system．In the entityaspect，the author mainly discusses the expert assistant qualification and examination，therights and obligations and legal responsibilities．This has laid a solid foundation for buildingprogram．In the procedure，the author mainly discusses the startup of expert assistantsystem；participate in the specific procedures for trial；the exit and other relief．The fourth part，the author gives some suggestions to perfect our expert assistedsystem in other security measures．First of all，protect the participation right of assistedexpert；secondly，strengthen industry management of assisted expert；thirdly，pay attentionto professional support to the personal security；fourth，clear the expert assistant’s standardcosts．...