The Application And Improvement Of The Theory Of Expert Assistant System In Civil Proceeding

With the development of the society, Chinese civil proceeding commences to covermore and more professional areas. In2012, new legal interpretation of the Anti-monopoly Law reinforce the citizen’s right to bring an action toward the court directly,which give rise to an increase of the number of the Anti-monopoly cases. However,traditional professional surveyor does not seem to meet with the new development ofthe professional acknowledge requirement towards such actions. Further to this, thediscrepancy of today’s surveyor system has been noticed. As such, a new system ofexpert assistant will be of assistance and important.In2012, China officiallyestablished a new system of expert assistant via codifyingrelevant legislature, which forms a stable legal basis of the system’s development andimprovement. However, practice of such system still contains certain disorder andconflict owning to lack of systematical principles. Illustrated by civil Anti-monopolyproceeding as a kind of professional actions, this article aims to describe the actualityof the system of the expert assistant, deeply analyze the circumstance of the practiceof such system and try to find out some beneficial suggestion to improve such system.This article is composed of four parts.The first part focuses on the description of the expert assistant system. Theestablishment of the system and its characteristic will be briefly introduced. A contrastbetween expert assistant and other litigant participant will therefore be rendered.Further to this, the legal basis of the system will be stated followed by a discussion ofthe necessity and practicability of the system.The second part is about the today’s status of the expert assistant system. A research of such status will be made to analyze the conflict between such system and the termsand principles of the Chinese procedure law of the evidence. The problem of practiceof such system will be analyzed as well. As such, the system’s problem and its causewill be revealed both by theoretical and practical views.The third part concerns comparative analysis and extraterritorial examination.Contrastive estimate has been made for the similar expert system’s relationship anddifferences between common law and civil law system. Through this, and consideringthe establishment of the similar system in Italy, Japan, UK and the United States asexample, the author tries to provide valuable reference towards the improvement ofChinese expert assistant system.The forth part includes the author’s proposition to improve the expert assistantsystem under civil proceeding. Two considerations, the connection of the expertassistant system and the civil proceeding system, and, the improvement of the expertassistant system, will be taken into account to make reasonable suggestionsconcerning the qualification of expert assistant, their status, the effective of theiradvice, exceptional clause and the acceptable standards of the expert assistants’ report.Through such suggestion, the author is minding to make some contributions towardsthe improvement of the Chinese civil proceeding system.