Research On The Expert Assistant System In Civil Procedure

To address the issues of a technical nature, the Expert System was adopted in China.However, the rapid growth of economy, technology and society has increased the diversity as complexity involved in those issues and magnified the inherent deficiencies of the Expert System,leaving the system out of date. As a result, the unique Expert Assistant System is being developed in China based on the expert witness model in common law systems, the modified expert witness model in common law systems, the modified expert model in civil law systems and the practical situations in local area. This paper gives a number of ideas for building and improve the Expert Assistant System through tracing its origin and the development, weighing up its pros and cons,and drawing on foreign experience.The paper consists of three sections. In the first section, the Expert Assistant System is briefly introduced. Initially, the origin of the Expert Assistant System is presented. Then its development is discussed from both the legislative and the judicial perspectives. After that, the advantages and the disadvantages of the system are compared.In the second section, studies are carried out on the approach applied to similar cases in foreign areas, mainly including the expert witness model in common law systems, the technical adviser approach in Italy and the litigation assistant in Japan.In the third section, suggestions, items of the litigation status, the qualification and the presentation procedures, the qualification and the presentation procedures of the expert assistant,their rights and obligations, the legal effect of the costs incurred, are proposed to build and better the Expert Assistant System. The definition of the expert assistant is given in the end.