The Study Of Expert Assistant System Of Civil Procedure

With the rapid development of science and technology and complicated social situation, more and more cases involve expertise problems in modern judicial practice, and confronting these increasingly complicated and professional issues, the system of judicial identification alone has been unable to meet the demand for expertise in litigation practice. Meanwhile, the judges and the parties are often unable to make accurate judgments out of their own professional fields due to limited knowledge, which not only hinders the dispute settlement, but also the realization of the litigation rights of the parties, and even more damnifies the fairness and authority of the judicial activities. In order to make better investigation to verify the evidence and achieve fairness and justice of the judicial philosophy, we have established expert assistant system in our country based on the foreign related systems.It's an important measure in our civil litigation system of the establishment of the expert assistant system, and also an inevitable requirement in improving the judicial system in China for it not only make up the deficiency knowledge of the judges and the parties, and also conducive to the effective protection of the parties' litigation rights. But because the current legislative provisions of the system is too general and lack of operability, many difficulties have been encountered in the practical operation of the system, which has greatly weakened the expert assistant system, putting the expert assistant system in a “nominal” awkward situation. Therefore, it's quite necessary to make analyses about the situation and shortcomings of our current expert assistant system in order to constantly improve our expert assisted system in civil procedure.Having given ground, starting from the background of the legislation and legal value of expert assistant system, this thesis introduces the basic theory of the expert assistant system, make affirmation of its specific value, and make it clear the significance of the expert assistant system in the judicial practice of our country by combining the Civil Procedure Law carried out in 2013 and the Interpretation of the Supreme People's Court on the application of Civil Procedure Law carried out in February 2015. By making inspection and evaluation of the expert witness system of the United States and the technical consultant system based on the countermeasure mechanism in Italy, this thesis then analyzes the problems in our current expert assistant system in legislation and practice. Finally the author tries to offer proposals from the qualification selection of the expert assistant, effect of opinions, rights and obligations, operation mechanism and supporting measures, etc, on the basis of the status and legal tradition of China and co-opting reasonable component of relevant systems abroad, in order to provide some enlightenment in conceiving the expert assistant system in China, so that it can make better adaption to the needs of the development of the society and the judicial practice.