Study On The Auxiliary Expert System

The first time people with expertise participated in Chinese civil litigation was in 2002.These people are called auxiliary expert.“Provisions of the Supreme People's Court on evidence in civil proceedings” have set some rules for the auxiliary expert system,but until 2012,the Article 79 of the new Civil Procedure Law have established the expert auxiliary system in China by means of legislation.Since then,China has formed a judicial framework about expert evidence that the expert opinion is the main form and the auxiliary expert's opinion is the supplement.Article 122 and Article 123 of “Interpretation of the Supreme People's Court on the application of the People's Republic of China and the Civil Procedure Law” made the auxiliary expert system become more specific.However,the operation of the auxiliary expert system is not perfect yet,it still has a lot of problems.For example,the function of auxiliary expert system can be a little confused when the auxiliary expert has to cooperate with other objects in the litigation.And the development on legislation is slowly,many practical problems still not be regulated.Improve the auxiliary expert system is an important part of the overall construction of civil litigation system in China.This paper points out that the purpose of setting up auxiliary expert system is to increase the efficiency and quality of civil litigation and improve the quality of cross-examination procedure.At the same time,the author puts forward the suggestions on the improvement of the expert auxiliary system based on the systematic analysis of the status quo of the auxiliary expert system.Firstly,the court should be allowed to start the auxiliary expert procedure.Secondly,set the admissibility rules of the expert auxiliary opinion,which should be valued by three standards,legitimacy,objectivity and relevance respectively.Thirdly,to make clear that the auxiliary expert has to take corresponding legal responsibility when they are not honest at work.Fourthly,oral statements and written reports should be both recognized as the legal form of expert advice.Last but not least,the auxiliary expert,judicial expertise and the technical investigation officer should to assign their responsibility to ensure all the system can collaborate effectively.