Discuss The Improvement Of The System Of Auxiliary Expert In Our Civil Lawsuit

The rapid development of the science and technology leads to more and more diversification in professional fields.These changes also affect many other areas and raise some new subjects of the reform of civil procedure. As is known to all,some professional problems emerge endlessly in the high and new fields. In this situation judges lack of professional knowledge get into trouble. The inner of these judges tend to be more and more relying on explains from the people with specific knowledge. Our country always regards pushing the parties litigation against and maintenance action equilibrium as the important reform direction of civil litigation.Both of the two points inevitably have conflicts in the civil procedure law. How to resolve this contradiction becomes a problem of impartial judgment in the civil procedure law.In 2001 the supreme people's court established the expert auxiliary system of civil litigation in the form of judicial interpretation in our country.The establishment of the system solves all kinds of problems in civil procedure law,we all see the hope and the light. At the same time our country hasn't had the systematically rules of the auxiliary expert in civil procedure. We has not yet formed a clear theoretical quality, These reasons are not conductive to the smooth implementation of the system of auxiliary expert in practice.So it is necessary to thoroughly analysis auxiliary expert system of civil litigation in our country. This article is divided into four parts to analysis the auxiliary expert system step by step.The first part is the general theory of auxiliary expert system.We introduce the concept of auxiliary expert system in our country. Then we analyze the reasons and its status and role of establishing this system in civil litigation. Then we analysis auxiliary expert by comparing the general theory of auxiliary expert with the other participants in the proceedings of civil action in our country.Secondly the article compares auxiliary expert systems with foreign related systems.In this part the differences between the auxiliary expert system and foreign related systems.At the same time,we learn lessons from foreign related systems and objectively understand the auxiliary expert system of China.This is for providing the thought of improvement of the auxiliary expert system.The third part is the current situation and the problems of the auxiliary expert system. This part introduces the major framework of the auxiliary expert system, and summarizes the significance and the problems of the system by analyzing the judicial practice.The third part is the present situation and problems of auxiliary expert system in practice. This part firstly introduces the main framework of auxiliary expert system,then by analysing the system's present operation we can summarize the positive significance and problems to our country.Finally the article provides reference solutions of improving the system in our country.Through the analysis and summary from all aspects of this system,we hope to provide some feasible practice to perfect our auxiliary expert system.