Research Of Expert Auxiliaiy Systemn Civil Procedure In China

The development of science and technology has brought us convinience in daily life,but at the same time, there comes more and more difficult questions in the lawsuits.Judges and parties who because of their lacking of professional knowledge, is unable tosolve technical problems with their own strength, most countries generally seek expertsfor help.Common law countries apply expert witness system by the parties concerned to hireexperts to participate in the lawsuit and explain professional problems. The civil lawcountries then is suitable the expert system which invites by judges. After many years ofjudical practice, the two kinds of system had brought pros and cons to trial practice ishighlighted. The judical interpretation in2002, first put forward the concept of expertassistant which has founded the auxiliary systems of people of the expert coexistingwith surveyor’s system. This part also introduces the legal value of the expert auxiliarysystem, to improve the civil evidence system, enhance the defense initiative, realizingjudicial justice is of great significance. This article is divided into three parts:The first part introduce basic theory about the system of auxiliary expert, the concept ofauxiliary expert and the difference between the auxiliary expert and expert witness andappraiser. The auxiliary expert could ask appraiser questions, the role they played intrial is different from expert witness and appraiser.The second part have brief describe about the reality of the auxiliary expert. The currentlaw about the auxiliary expert is too brief to operate properly. This part also introducethe anglo-american legal system of the expert witness, we could adopt rules of crossexamnation and pre-trial exchange of evidence. The Italian technical consultant systemhas learned from the expert witness system and the professional expert system, wecould learn the supervision of identification procedure.The third part introduce some weaknesses and the improvement moves. I will analysisexpert qualification and examination standards, legal status, the procedure ofparticipating in the litigation. If we allow expert assist the identification, that will ensurethe authority of appraisal conclusion.