The Research Of Expert Assistant System

This thesis contains five parts and the main parts,except for the introduction and conclusion,are the key chapters.First is the development and functional analysis of expert assistant system.The writer introduces the background of the expert assistant system and traces back the development and improvement of expert assistant system.The writer also analyzes the expert assistant system from three aspects in details: making up of the shortfall of the present justice identification system;free evaluation of evidence by the judge;enrichment of litigation rights of the parties.Last but not least,the writer defines the concept of expert assistant both in form and essence according to the acknowledgement among academic circles and professional circles.The second part is about the location of expert assistant system.The writer expands this part through qualification,standpoint and litigious identity.Qualification concerns the key question that whether the professional in specific-domains can be an expert assistant under civil procedure law.There exist two kinds of understanding for “expert”: one is the strict interpretation under the civil law system and the other is the broad interpretation under the common law system.The writer compares and illustrates these two understandings in this part.The standpoint of the expert assistant used to be the focus of dispute of expert assistant system.In order to elaborate that tendentiousness better improves the system thanneutrality,the writer illustrates the standpoint of expert assistant through his professional property,integrated tendency of Chinese and Western systems and value orientation of judicial interpretation.The standpoint of litigious identity is the major factor that concerns whether expert assistant can participate the court hearings independently.It is concluded that expert assistant is an adjunctive litigant participant through comparison expert assistant with other similar conceptions.The third part is the status quo and consummation suggestions of expert assistant system.The writer analyzes the possible deficiencies of expert assistant in the whole litigious process,through the use of judicial precedents and problems in civil litigation.The writer concludes the five key problems of expert assistant system: application date,court participation standard,form of opinions,scope of opinions and assumption of fees.The writer also uses the biggest place to analyze theoretically these five factors and paves the ways for expert assistant rules.At the end of this thesis,the writer sublimates the consummation suggestions for expert assistant system in the form of system construction.Based on the meeting minutes of higher people's court of Zhejiang Province,the writer comparatively forms the rules of expert assistant system.The rule contains regulations as the complete suggestions for expert assistant system aiming to regulate the operation of expert assistant system and support the judicial practice.