Research On Expert Assistant System Of Civil Suits In Terms Of The Substansive Trail

The Expert Assistant System in China has already developed for several years. It is not perfect and just needs to be further improved and refined. According to the running condition of the system, the condition is both positive and negative in the author's point of view. In terms of the positive aspect, the regime established in the judicial practice indeed play a role in the protection of the parties'right to appeal. And it also promotes the effective implementation of the court system which guarantees judicial experts to appear in court as a witness. In addition, the system makes up for the shortage of professional judges, and rationally allocates the power of the parties in the trial. In terms of the negative aspect, there are still some problems. Although the system can be reasonably applied in practice by judges, there are a lot of uncertainty in rationally applying this system due to the obscure and imperfect provisions and the legal costs. What is more, less experts appeared in court in judicial practice and the efficiency is low. In such context, there are more difficulties for the Expert Assistant System in rationally running. Therefore, the Expert Assistant System fails to meet its intended purposes.Since the fourth plenary session of the 18th Communist Party of China (CPC) Central Committee, judicial reform has become a hot issue in China. As an important part of judicial reform in the trial, the trial substantively reform, centering around the trial, is in full swing all over the country. The essence of the substantive trial lies in the practice that it is in the court that the processes of providing proof, crossly examining the evidence and certificating should be held. The idea behind such practice is similar with the idea that it is in the court that the Expert Assistant System can make sense.In view of this, under the perspective of the essence of the substantive trial, by combining both theory and judicial practice and utilizing the empirical analysis and comparative research methods, the thesis systematically and comprehensively researches on the status quo of the Expert Assistant System in China and that in foreign countries and the obstacles. And the author also provides some suggestions on this basis.