Research On The System Of Expert Assistant In Civil Procedure

The system of expert assistant in civil procedure is a legislative innovation, which are used to solve the problem of judging professional fact that have been becoming harder and harder. The participation of expert assistant makes up the part’s lack of professional knowledge, improve their ability of testimony and judge’s ability of ascertaining. It is Conducive to the realization of fair value of civil procedure. However, the situation of the system is not optimistic. The rules in Supreme People’s Court on Civil Action Evidence and in The Code of Civil Procedure are so simple that has left lots of loopholes. What’s more, the research of this system just focuses on the every point instead of the whole, which caused the system a rent one. Through the analysis and comparison, I have found out that the mode of civil procedure has a important compact on the system. Thus I try to use the mode of civil procedure to deconstruct the system, then I found out the core of the whole problems and try to use the core to complete the system at lastExcept for the introduction and conclusion, this paper is divided into five chapters. Chapter one:basis theory of the system. It introduces the background, the significance and the concept.Chapter two:investigation of current situation of the system in our country, including the situation of legislation and practice.Chapter three:investigation of relative system of expert in other countries. This Chapter has three parts:the relation between the choosing systems and the system of expert assistant in our country’s civil procedure, the specific introduction of every foreign system、making comparison and comments, the inspiration from the comparison above.Chapter four:Discovery of the problem and the analysis. On the basis of last two chapters, the writer analyzes the specific form of the problems and find out the core problems.Chapter five:exploring the path to solve the problems above. Along with the mind path of "idea-core problems-specific problems", the writer put forward some suggestion to problem solving.