The Empirical Study Of Civil Procedure Expert Assistant System

In recent years, civil litigation involving professional gets more difficult cases, thesecases if the mere identification of the conclusions to draw a conclusion inevitably biased, andin judicial practice, judges involving illegal profession often due to technical problems lack ofself-knowledge, it is difficult to make the right judgments; civil action to fully protect therights of the parties to overcome the judge’s finding of over-reliance on expert conclusionsweaknesses, China’s new "Civil Law" established "expert Assistant System" so that expertsassist people to obtain a legal basis exists. However, because the law is too simple, that incivil judicial practice, there has not fully play the role of the experts who assisted problems,but also contrary to the original intention of the legislation to set up the system. In this paper,Wang Mingde v. Beijing East Xinqiang Equipment Co. case, for example, demonstrated theexperts who assisted the relevant legal and institutional status quo, analyzes the problems ofthe system, put forward a sound proposal.This thesis is divided into three parts the text, the text of2.2million words.The first part of "case base case", the paper describes the analysis of the cause of actionas well as the basic facts of cases, elaborated academia for the case of disagreement, and thensummed up the focus of debate cases.The second part of the "issues related to legal analysis," the relevant provisions ofexisting laws and regulations on assisted human experts to sort out the system, starting fromthe judicial practice outlined the status of the system, and then analyzes the underlying ExpertAssistant System implied fair, efficiency, justice, openness, rule of law, philosophy and othersciences.The third part of the "analysis and conclusions of the case," and with the focus ofcontroversy earlier in-depth analysis of the case, and then come to the conclusion in this case,from a legislative point of view, the judicial point of view, put forward their own suggestionsfor improving Expert Assistant system. First, the experts should assist people to improve lawsand regulations, from the system level to assist the human expert qualifications and terms ofprocedures and rights and obligations, such as participation in the proceedings to make clearrules; followed by judicial practice in particular, for the experts who assisted litigationposition, views the effectiveness and admissibility, etc. to do coincide; Finally, it shouldimprove the system of restrictions on the expert Assistant, strong constraints and rules to prevent abuse Expert Assistant System.