Research On The Expert Assistant System In China

Nowadays,the complexity of social life and the update speed of science and technology is not as same as yesterday,which leads to more complicated and specialized litigation.It is a great challenge to the judges to understand the case facts and discern the truth of cases.Due to the inherent defect in design and the lack of checks and balances,the identification system,as a traditional civil system of scientific evidence,is leading to its monopoly worries.A corresponding confrontation system needed to be introduced to constrain the identification system into normal track.Expert assistant system arose at this historic moment.Expert assistants have many advantages compared with identifiers,such as flexibility,initiative and comprehensive.In the field of which the identification system cannot handle the processing or high cost of processing,expert assistant will fill this blank.Not only can expert assistant system correct the unfair and unjust in special cases,ensure the litigation rights of two parties,but also make up for the scientific evidence system faults.There is no doubt when introducing this system.The purpose of this paper is to analysis the loopholes and blank of the expert assistant system design and provide suggestions to complete it,hoping it will get better and more effective as soon as possible.The content of this article divided into five parts: the first part is overview of expert assistant system,to clear the definition of expert assistant and distinguish among other similar participants in the proceeding.The second part puts forward the necessity and legislative significance of setting up this system,summarizes the litigation beneficial effect of expert assistant system.The third part puts forward the imperfection of the system,points out the existing imperfections hamper the system forcing it to not run smoothly.The fourth part is a study of foreign countries with a similar but better system development,find out the operation advantages of these systems design to inspire the design of the expert assistant system in China,so that their downfalls are solved and avoided.Based on the foregoing problems and outside experience,the last part selects the essence and to plant into our legal system,fulfill the architecture of expert assistant system,straighten out the participation of lawsuit procedure,define the rights and obligations of the experts,build a hierarchical system of scientific evidence with the identification system and expert assistant system cooperating together,in order to provide improvement ideas for the expert assistant system.