The Improvement Of The Auxiliary Expert System In Civil Procedure

To solve the issues of the expertise opinion is difficult to be cross-examined and to be certificated in our civil litigation, The rules of evidence in civil litigation pioneered the auxiliary expert system. And then, The civil procedure law further defined the system as a official legal form. However, the legislation about the system is too simple to meet the needs of the proceedings in judicial practice.Furthermore, it triggered a series of problems, and makes the expert assistant system running into a dilemma. So, it is necessary to perfect this system to give full play of its lawsuit function.The thesis consists of four parts.The first part is the overview of auxiliary expert in civil procedure in our country.It elaborated the concept of auxiliary expert, and then compared the difference between auxiliary expert and relevant participants in the proceedings.Finally, it summarized the significance of the establishment of the system.The second part analyzed the current situation and problems of our country’s expert auxiliary system in civil procedure from both the legislative and judicial status quo side, and main researched its causes.The third part is the inspection and evaluation about the extraterritorial relevant system. It mainly introduced the expert witness system in common law and Japan’s litigation assistant system, and then summarized some helpful ideas from the two typical system.The fourth part is the proposal to perfect the auxiliary expert system in our civil procedure. In connection with the second part,on the basis of the relevant system of extraterritorial, this part investigated the entity regulation and program settings, and relevant protective system about the auxiliary expert system, and put forward some independent views.