Research On The Expert Auxiliary System In Civil Procedure

Social and economic development promotes the modification and improvement of legislation, and expert auxiliary system is an adjustments in order to adapt to the change of the social conditions.Because of the continuous difficulties and complications of civil litigation, expert auxiliary system just arises at the historic moment.On the one hand, the parties or their agents are helpless when faced with professional problems in the civil litigation, urgently asking for help from professional auxiliary;Judges, on the other hand, because of the lack of related knowledge background, are more and more difficult to distinguish appraisal opinions of right or wrong, more and more dependent on expert opinion. Expert auxiliary system is to resolve the standoff.Specifically, the thesis includes four parts.The first part introduces the basic theory of expert auxiliary system. It clarifies the concept of denotation and connotation of expert auxiliary, by comparing this concept with "expert", "witness", "agents AD litem".This part also discusses the background and reasons of expert auxiliary system as a typed phenomenon established in China and Japan, Italy and Taiwan of china. Analyzing the background and reasons for these countries and regions, it helps to make clear about the goal to set up expert auxiliary system, which is the theoretical starting point of the system, making great sense in the analysis of theoretical problems and construction of expert auxiliary system.The second part analyzes the function of similar system in several major countries and regions.This article selects the litigation assistant system of Japan and Taiwan of china, the technical consultant system of Italy as study object. It introduces the main provisions of the system, and overviews the concise typed function of expert auxiliary system.These functions can be divided into two kinds, in entity and in procedure. The function of the entity are mainly to increase the debate ability of the parties, to promote the resolving ability of the judge, and to help to find out the facts. The procedural function is to ensure the participation of the parties in civil litigation, accelerating the transformation of judicial system of China.In addition, in the long run, the expert auxiliary system also helps to improve the efficiency of lawsuit, by effectively restraining repeated judicial identifications.The third part is turning to the legislative and judicial situation of China.This part firstly introduces the evolution and development process of their progress and deficiency in expert auxiliary system.Secondly it analyses the current applicable situation of this system, finding that there are still many difficulties and problems in the judicial practice.This part is a combination of a large amount of data and examples, making every effort to prove the argument. It provides possibilities for the exploration of perfect path to the system.The fourth part reaches a concrete plans to perfect the expert auxiliary system based on the analysis of all the problems above.It is made up of two parts.Firstly explanation and illustration are given to explain the theoretical problems and controversies of expert auxiliary system, including, the purpose of legislation of the expert auxiliary system,the legal status of the experts and so on.The second part gives advice of how to build of system of expert auxiliary, including internal and external content.