Study Of The System Of Expert Auxiliary In Civil Litigation

With the vigorous development of science and technology, a great number of professional and difficult questions arise from civil litigations in our country. Although judges’knowledge is broad and profound, it is impossible for them to master all kinds of knowledge, especially the knowledge of high-tech and other fields with relatively high professionalism. In 2002, the Supreme People’s Court firstly defined the system of expert auxiliary in the form of judicial interpretation in Certain Provisions on the Evidence of Civil Litigation, which is a progress of the legislation on civil procedure in our country. In the revised Civil Procedural Law of 2012 and the Interpretation on the Application of the Civil Procedural Law of the People’s Republic of China of the Supreme Peoples Court of 2015, both the litigious status and the scope of participation of the expert auxiliary in civil litigation in our country are made more explicit. The original intention of establishing the system of expert auxiliary in civil litigation is to guarantee the litigious rights of the parties better and to balance the litigious opposition between the parties of both sides. However, there are some problems existing in the system of expert auxiliary, such as the undefined positioning of function and the incomplete structure of the system. Therefore, the thesis starts from the concept of the system of expert auxiliary in civil litigation, makes comparative research in the systems relating to expert auxiliary in civil litigation of foreign countries, analyzes the current system of expert auxiliary in civil litigation in our country, and then puts forward some suggestions on improving the system of expert auxiliary that integrates the legislative system and judicial system of the civil litigation in China.