The Validity Of The Theory Of Auxiliary Expert

With the development of science and technology by leaps and bounds, more and more civil legal disputes involved problems toward specialization, complicated, at the same time also rely more on professional knowledge to solve. The judge and the parties concerned, however, are not necessarily possess the professional knowledge of the subject, and may make unable to properly deal with case, most of the time, given by the judge would adopt direct identification of the basis of expert opinion as finalized. Due to the lack of cross-examination of expert opinion and discussion, often affect the impartiality of the trial, is not conducive to the realization of civil litigation purpose.A lag in the law, so only with the development of the society reform, advancing with The Times, our country lawsuit system in solving the major cases is well explained the thinking of innovation and development. Due to the original evidence and debate cannot cope with the effects of the development of science and technology brings to the litigation, the judicial organs continuously explore new solutions. In 2001 the civil litigation evidence rules, made clear that the parties may apply to the court for the expert to appear in court; In 2009 the supreme people’s court announced "of netizens 31 opinion suggestion reply" provisions of the expert witness testimony as evidence of the case; In 2012 the new "civil procedure law" the regulation allows people with specialized knowledge to appear in court to appraisal opinions about, cross-examination; In 2015 the supreme people’s court about apply "the civil procedure law of the People’s Republic of China > the interpretation of auxiliary expert as agreed by the parties. From the process of the development of the concerned expert evidence, it is easy to find the law more respect for the rights of the parties, the trial process more fair, but also reflects our country’s expert auxiliary system established not easily and difficulty of the operation in reality.In order to make the expert auxiliary system can play its due utility in the judicial practice, it is necessary to further analysis and improve the system of expert auxiliary people this. As the breakthrough point, based on the real cases, from the perspective of the problems that exist in the reality, roughly divided into four parts to carry out in this paper. The first part is the case the basic situation, through the analysis of cases, and sums up the case of disputes and disagreement, thus further combing case, introducing the theoretical knowledge; The second part is the theory of the concerned expert auxiliary system problems, mainly from the meaning, the comparison of foreign related system evaluation and so on, for the paper argument based theoretical basis; The third part is the conclusion about the case processing and evaluation, in this case the processing results of the first part to solve the dispute focus questions, combining the theoretical knowledge of differences on analysis and evaluation; The fourth part is about the case, through the case analysis, in-depth excavation, finally puts forward his own views.