Research On Chinese Expert Auxiliary System In Civil Procedure

Along with social development and science replacement, court civil disputes become more complicated and professional and requirement for judges are also higher. According to complement of limitation of understanding for judges and defect of traditional appraisal system design, the new system follows lawsuit specialization trend is coming up. Under the background of judicial reform, our country added expert auxiliary system of the new "civil procedure law" in 2012 according to experience reference of expert system of the two law. The system need to present opinions of appraised agreements and related professional problems, which not only clarify special problems and find wrong appraised opinions, but also guarantee the litigious rights of the parties’question to fully reflect judicial fairness.This part mainly clarify concept of expert auxiliary and compare with approximation concepts to clear the difference between appraiser, expert witness and lawsuit agent. According to analyze surveyor using generalized and flaws of the system to explain the necessary of its produce.To have juridical practice and system discuss of expert auxiliary from introduction of Fujian IP phone case. Demonstrated expert auxiliary system from legislation regulation and juridical practice, and legislation system have covered the whole country and many regions. At the same time, spring up a batch of ’the first case’ of expert auxiliary in practice to explore the value of expert auxiliary.The next part is the introduction of problems and controversies for expert auxiliary system. According to analyze expert auxiliary systems in different subjects, get conclusion of unknown litigation status of people with specific knowledge. Introduction and explanation of defects in programming of expert auxiliary from related program introduced. Have explanation of indeterminacy of putting forward agreements in expert auxiliary system according to comparison between believable problems of the two legal expert systems.According to the problems in the fourth part, it is necessary to take example by overseas legislation experience. Firstly, admit independent legal status of expert auxiliary on the basis of analyzing essential elements of litigation status. Secondarily, give clear provisions of detailed litigation procedure for expert auxiliary and respectively expound efforts of different subjects for agreements of expert auxiliary. Finally, try to set up supporting system that can perfect expert auxiliary system.