Our Country Civil Action Expert Auxiliary System

At once,a variety of scientific problems,technical evidence,expert opinion present in court,although the opinion of expert witnesses to provide reference to the judge,but the judge's knowledge and experience has its limitations,will inevitably dominated by expert opinion idea,this leads to expert opinion present bias,is not conducive to a fair and just trial of cases.Under this background,the expert auxiliary system arises at the historic moment.Our country new revision of the civil procedure law and other relevant laws for expert auxiliary system of legislation on the basis of the rules.Expert auxiliary system of the establishment of China: on the one hand,for the parties to provide supplementary role,solve the technical issues involved in the case;On the other hand also restricted the judge to rely too much on expert opinion.Expert auxiliary system despite the legislative basis,but the expert auxiliary person's legal status,act of law is not exact.This article from four parts to the expert auxiliary system is discussed.First of all,from the theory,this paper discusses to people with specific knowledge determine the appellation is the expert auxiliary people,for the determination of concepts to further.Then to analyze expert auxiliary system of the legislative background,with witnesses and other participants in the relationship,and the system of value;Secondly,from the specialist auxiliary system and the related system outside of comparison and reference,on the outside of the expert witness system,advocate of litigation system as well as the technical consultant system introduction and comments.Then through from experts on the status,qualification,etc with the outside of the relevant system to compare and then sums up the inspiration to our country the system;Again,starting from the present situation and the difficulties of expert auxiliary system,the paper discusses the present situation of legislation and judicature in China were analyzed.And then to analyze expert auxiliary operation difficulties,including experts aided person's legal status has not formed the mainstream awareness,expert auxiliary person qualification is not to be clear,etc.;Finally,starting from improve the system of expert auxiliary one,by raising its recognition and refine the charge standard,give his independent status and qualification to gradually improve.