On Study Of Auxiliary Expert System In Our Country

With the rapid development of science and technology, at this stage, the emergence of a large number of problems involving professional case, judge shortage in the aspect of professional knowledge with great difficulty.To solve these major cases at the present stage, the professional cases in our country mainly based on expert opinion closed. But in the face of a highly professional appraisal opinions, the judge mostly unsuspectingly, on finding out the facts of the case and the fair concluded caused very great difficulty. So the current judge on the auxiliary expert with special knowledge and participate in litigation to help them understand and find out the facts of the case is particularly urgent needs.Although our country now in the law of expert assisted system are provided, but out of no laws provision of expert assisted system in practical applications, more detailed, many judges are only on the system and step back, did not really start.So this paper from different aspects for the expert assistant system put forward a sound proposal, provides the reference for the application of this system in the judicial practice. This article consists of four parts:The first part is the born of expert assistant system in China,and the significance of it. "Fuzhou TP phone case" in 1997 first introduced expert system into the judicial practice case, according to the regulation of our country existing legislation for expert auxiliary system, sums up the basic content of the system, startup mode and applicable procedures; Second from diversified development, enhancing adaptation case trial confrontational and transparency, make up for the lack of credibility, avoid the waste of appraisal resources, make up for the judges did not appear in court in the process of five aspects to expert auxiliary system of significance are discussed.The second part is the expert assisted system in the operation of the current situation in china and the problems. First of all, through the case analysis has carried on the elaboration from two aspects: the first is expert auxiliary system unborn, experts into action in the form of expert advice, according to the typical provinces and cities of experts in litigation and the application rules, analysts after I use the actual judicial practice operation procedures and regulations rules; After the creation of the second aspect is expert auxiliary system, the running status of the judicial practice in our country. Meeting minutes in zhejiang provincial high court detailed rules of the system as an example, introduces the system running status in the province. At the same time, through the case analysis, this paper introduces the use of the system in some provinces and cities. Second expert auxiliary system in China not to concrete, effective recognition of the qualifications and the rights and obligations is not clear defects are analyzed.The third part is the comparison and evaluation expert system is introduced, the relevant foreign. This part introduces and analyzes the Italy technical consultant system, Japan’s litigation assistant system and the common law of the system of expert witness. Respectively in the expert’s qualifications for three kinds of outside experts system selection, rights and obligations, legal status and the requirements of the opinion effectiveness are detailed analyzed. Secondly, the author analyses the outside experts system, and points out that each system has its advantages and disadvantages, through continuous reform and innovation is needed to improve.The fourth part is the improvement of the system of expert auxiliary. Mainly from five aspects to perfect the system: 1, our country should strictly aided person’s qualification and the experts qualification strict examination; 2, clear expert auxiliary necessary to carry on the appraisal to terminate the service, auxiliary parties, participate in the rights of the court debate and objective truth opinion and the obligation of confidentiality; 3, the expert assistant must appear in court on cross-examination and depending on the case applicable program distinguishing cross-examination of expert opinion; 4, inter alia, consult the opinions of the expert witness method set the adoption method of expert opinion in our country; 5, the expert auxiliary strict requirements on professional ethics, provide guarantee for judicial fairness and justice.