Discussion On The System Of The Auxiliary Expert In The Civil Litigation

Civilian auxiliary expert who is applicated by the parties, then the court decided toreview whether he can participate the court proceedings, the task of auxiliary expert is tosolve cases involving professional controversial issues, explain and illustrate appraisalopinion, and propose expert opinion in order to eliminate obstacles about professionalquestions in the examination of the parties and the fact-finding of the courts and to assistthe courts find the truth. So auxiliary expert should be treated as the subject of refereeauxiliary and have special legal status. The institution of auxiliary expert includingeligibility requirements, election, rights and obligations and the effectiveness of expertopinions, etc.The mode of expert involved in litigation has undergone a long time in thedevelopment of the Two State. Due to the rapid development of science andtechnology, the influence of experts in litigation gradually increased，the two legalsystems have started to reform and innovate related systems that graduallycompleted. Our country combined with our own judicial practice, and learn fromthe advanced experience of foreign judicial system of expert witness system, toestablish a unique auxiliary expert system. However, from the current status oflegislation and judicial practice of auxiliary expert, there is room for furtherimprovement of the system in many ways. For example, how to determine thequalification of the auxiliary expert, elected them decided by the court, what arethe qualification standards of them, no clear rights and obligations, legalobligations and how to create expert opinion adopted standards, these problemsdisplay that improving the system still has a long way to go. In addition, scholarsalso failed to reach a consensus about the legal status of auxiliary expert which isthe core problem of the system, leading scholars have different opinions about theeffectiveness of expert opinion which is further hindered the people to build aunified auxiliary expert system.To ensure the smooth running of auxiliary experts system, we should in thebackground of retain the powers doctrine, learning from the expert witness systemof common law and appraisal system of civil law, then innovate both of them toimprove auxiliary expert system. We should start from the legislative backgroundof auxiliary system and need to explain judicial interpretation and the law article relating to the system, then comparing the difference and the consistency. Furtheranalysis of theoretical perspectives on academic experts who assist the legal statusof auxiliary expert, accurately identify them belong to the subject of refereeauxiliary, establishing eligibility criteria of auxiliary expert which is substantiverequirements for the dominant, non-substantive requirements to serve thesubstantive requirements. By weakening the powers of the system, giving theparties more initiative in elective areas. And specifically stipulate the rights,obligations and legal responsibilities. Compensating for the lack of rules of expertopinion adopted, regulating the standard of expert opinion, further clarifying thelegal effect of expert advice.