The Theory Of The Construction Of Civil Expert Jury System In Our Country

Recently,more and more civil cases are involved intellectual property,finance,maritime affairs,medical treatment,patent an other professional technical problems.Also,experts participate more and more civil cases and then achieved good practical effect.But,our country has no clear about the legal provisions of the civil expert jury system.This defect,enable people to question the legitimacy of the expert jury to participate in the activities of civil trial,which affected the judicial credibility seriously.Therefore,the civil construction of the expert jury system is imminent.At present,our country’s civil expert jury system is still in the exploratory stage,its legislation and supporting system are to be set up and perfected.The author is based on the present situation,carrying out some research for the construction of our country civil expert jury system.This article writing mentality base two starting point.One is that civil expert jury system is a part of the general of the people’s jury system,it embodies the judicial democracy.Second,civil expert jury system has a great advantage,it can solve the present situation that cases involving professional trial judge professionalism deficiencies,embodies judicial justice. This paper starts with the basic problems of civil expert jury system,introducing the basic connotation and characteristics of this system.The civil expert jury system as part of the general of people’s jury system,has a big system values,embodying in two aspects of guarantee judicial justice and safeguard judicial order.In addition,there are some basis on the construction of civil expert jury system in reality,including the people’s jury system providing the basis,some involving the field trial practice experience to provide the basis of practice and the foreign experience.Combined with our country’s current law and judicial status quo,this paper puts forward some specific suggestions for the construction of this system.The first is to formulate special law about civil expert jury system,to provide legal basis for the smooth running of this system.It can make the civil expert jury really taking the function of lawsuits,playing the role of the professional.The second is to clear the scope of the expert jury system in China,including the category of applicable cases,the trial level and applicable court level.So that we can solve existing in the judicial practice in our country at present the application of the expert jury system of randomness and uncertainty problems. Again is the supporting system about civil jury expert system should be established,including the expert jury selection mechanism,review mechanism and supervision mechanism.The system supporting mechanism can make the civil expert jury system really take advantage of its system and realize the value of this system.