On The System Of Expert Assistant In Civil Procedure In China

With the continuous development of productive forces and the development of modern science and technology, the relations of production are constant1y produced major change, reflected in the civil procedure in new type is more and more cases, these new types of cases encountered more and more technical issues, especially the intellectual property disputes, disputes, the environment quality of the products pollution disputes and other similar cases, new knowledge, new technology and scientific means the fact that disputes between the parties are closely related to the scientific identification, usually have to go through in order to identify the case fact, therefore, the parties on the basis of their own knowledge often can not meet the needs of the lawsuit, commissioned agent ad litem in general also has a legal expertise lawyer, to the technical problems existing in the facts of the case is difficult to explain, and solve these special issues by judgement of case has important significance. In order to solve the special problems and also to help the judges and the parties of confrontation has more substance to the appraisal conclusion, our country as early as in2002the Supreme Court judicial interpretations promulgated "Regulations on civil litigation evidence of the"(hereinafter referred to as the civil procedure evidence rules) sixty-first was established the expert Assistant system. In2012the newly revised "Civil Procedure Law" have been added in the seventy-ninth further civil action to establish the expert assistant system. However, due to the expert assistant is the task of the expert opinion or other major problems, and put forward that illustrates the opinions of experts, has the similarity with expert witnesses, expert witnesses, and the new "Civil Procedure Law" the seventy-ninth stipulation is relatively simple, in practice is also a lack of standardized operation can be more specific. So it is necessary to carry on a thorough analysis of the system of China’s civil professional support. This thesis consists of introduction, four chapters and epilogue composition. The main contents of the text include:The first part, starting from the law, the concept of expert assistant is analyzed, the expert assistant and other participants in the proceedings of the distinction between people do some discussion. The second part, according to the similar systems abroad, the system of expert witness in Anglo American law system respectively, analyzes the civil appraiser system, litigation auxiliary system, the system of technical advisor, and draw our local expert assisted system is worth learning from. The third part, a series of problems in current situation of legislation and points out that China expert assisted system and the system in the actual operation due to the specific norms lack brings. The fourth part, proposed consummates our country expert assisted system suggestion. First of all, the expert scope and qualification shall establish the reference standard, secondly, the expert assistant to participate in the litigation procedure, property issued by the auxiliary expert opinion should be specified, and finally should be. clear about the expert assistant to the rights and obligations and the related responsibility system.