Civil Expert Assistant System The Empirical Analysis And The Improvement Of Legislation

The expert assistant system in our country belongs to the perfect system of litigation evidence system. It is of great significance to improve and perfect the expert assistant system, which is of great significance to the appraisal system and the civil trial, and it has an immeasurable effect on our country's judicial reform. But at present, the research of the expert assistant system in our country is still in the state of dispersing and separating, floating on the surface, lack of the overall structure and the macroscopic view. In judicial practice, expert assistant most are by the parties appoint, published his views of natural hard to avoid has a tendency, but we also need to keep them neutral and objective, long past will fall into a similar to the contradiction of expert witness in Anglo American law system stuck to the environment. Study on our expert assisted system based on case analysis:first of all, through the introduction and case analysis of Qiong Yao in copyright infringement case leads to expert assisted system, summarizes several problems in the judicial practice the expert assistant system:expert auxiliary conditions and qualifications on help others not identified; in the judicial practice in the application of the "civil law" in Article 79 of biased; expert assisted in participating in the trial has many constraints. Secondly, the present situation and deficiency of the expert assistant system.Expert assistant system of our country is still in the newly established system of litigation evidence,2012 the new repairing "Civil Procedure Law" provisions of Article 79, the parties concerned may apply to the court with specialized knowledge of the court, you make the identification of expert opinion or professional issues put forward opinions. The expert assistant system is established from the legislative level. However, due to its provisions are too general, the boundary is too vague. Although in 2015, "the people's complaints," 122nd, one hundred and twenty-three, and made the relevant explanation, China's expert assistant system is still positioning vague, is too simple to further improve the legislatio. That clearly the nature of the expert assistant in perfecting the expert assistant system in the future, the correct positioning of the litigation status of the expert assistant, according to different circumstances to do differently, clear the legal effect of expert opinions, the opinions of role into full play; in the form of legal provisions of the obligation and legal responsibility of expert assistant human rights, give the court expert certain rights, at the same time the experts need to fulfill the obligations; specification of expert assisted interrogation rules; auxiliary expert system to establish the supervision mechanism, supervision and management of the judicial administrative organ based, supplemented by the people's court supervision and management, while the establishment of the expert assistant association to complete the self-discipline supervision and management.