The Research On Chinese Civil Litigation Expert Assistant System

As the society and technology develops,many cases involving professional fields have emerged from judicial practice.Restricted by reserves of relevant professional knowledge,judges and parties seem powerless when they are confronted with increasingly specialized issues.Due to its monopoly on specialized issues,the traditionalforensic recognition system gradually shows its deficiency.It is extremely urgentto figure out relevant solutions to deal with professional issues in case and fulfill fairness and justice of the judicial concept.The introduction of expert assistant system offers a new way to solve various problems in our judicial practice.Moreover,expert assistants could immediately supplement the party's lack of knowledge in professional fields and help judges gain insight into professional issues involved in the case.However,the vague and general legislative design makes expert assistant system run badly in judicial practice.Therefore,it is necessary to combine the advanced system experience from foreign countries with the current judicial practice in our country to further improve our expert assistant system.The main body of this paper is divided into four parts,including the overview of Chinese civil litigation expert assistant system,the analysis and reflection of Chinese civil litigation expert assistant system,the inspection and inspiration of foreign relevant systems,and the suggestions for perfecting Chinese civil litigation expert assistant system.The first part briefly introduces expert assistant system,and explores the connotation and denotation of the concept of expert assistant by distinguishing between expert assistant and related concepts.In addition,the author analyses the significance of the establishment of expert assistant system.In the second part,based on the analysis of the status quo and practice of Chinese expert assistant system,the author finds out existing problems in the qualification standard,the starting subject,the rights and obligations,and the counseling procedures.Besides,the starting points to solve these problems are reasonably captured.The third part elaborates the expert witness system in the United States of America and in the United Kingdom,the litigation assistant system in Japan,and the technical adviser system in Italy.Through comparing expert systems between foreign countries and China,the author aims at exploring what is worth learning from foreign expert systems so as to improve our country's expert assistant system.In the fourth part,according to the above-mentioned problems,this paper puts forward the corresponding consummation ideas,which involves standardizing the selection criteria,standardizing the procedure setting,clarifying the rights and obligations of expert assistants,and perfecting the matching system.Therefore,these ideas could provide feasible suggestions for the construction of Chinese expert assistant system.