Research On The System Of Assistants In Civil Litigation In China

With the sharp development of the science and technology, the scientific and technical issues become more and more specific and complex. Modern civil action inevitably involves many professional issues. The solution to the professional issues almost become the premier finds the fact of the case. In order to make sure that all these specific issues will be conquered easily as well as to help the litigant define the testimony specifically on the aspect of the Expert opinion, to assist the understanding of the magistrate, to get control on some relevant and specific knowledge, to accurate some facts of the case. The Supreme People's Court promulgated the "some evidence about the provisions of the Civil Procedure" originally proposed the establishment of Expert Assistant System in the year of 2001. The "Standing Committee of the National People's Congress" has totally agreed "the Decision on amending the<People's Republic of China Civil Procedure Law> in order to scope the shape of the expert assistant system according to the Legal form until the year of 31st, August,2012.What's more, the research of this system just focuses on the every point instead of the whole, which caused the system confused.Through the analysis and comparison,I have found out that the mode of civil procedure has a important compact on the system. Thus I try to use the investigation of relative system of expert in other countries and our country's legislation and practice to find the comparison between our country and the foreign countries. Finally I want to provide some effective advice to make the expert assistant better.The paper is divided into four chapters:The first part is an overview of the expert system of civil litigation in our country.This part mainly includes four aspects: the concept and characteristics of the expert assistant, the comparison of the related concepts, the litigation status and the theoretical basis. Through a brief overview of the expert assistant system, this paper lays the foundation for the investigation of extraterritorial system and the problems existing in the system.The second part is the research on the extraterritorial system. I expound in details,through the expert witness, identification of people, Japan technical adviser and Italy litigation assistant, which based on expert qualifications, appointment, legal status and the effect of various opinions to point out the advantages and disadvantages of the system. Then according to China's legislative background and litigation, I try to make comparative analysis with our expert assisted system in the basis of fully absorbing the essence of foreign systems to find out the problem of the expert assist system .The third part is mainly about the current situation of China's expert assistant system which involves the legislative and practical aspects. The legislation is combed the law and the judicial practice is based on the statistical analysis of relevant cases which found online. Through the qualification standards, the rules of the qualification examination,the selection,the status of litigation and the rules of the adoption,I want to find out the different system' advantages and disadvantages. Then through the differences of the system, I try to find out the problems of the Expert assistant.In the fourth part, I put forward some suggestions on the problems existing in the expert assistant system in china. Firstly, the Expert assistant system should follow three principles which involves the principle of justice, respect the scientific principle and the principle of protection of the rights. Then, I provide some suggestions, such as determining the eligibility criteria, improving the qualification rules, clearing the status of litigation,giving the court the right to choose,expanding the scope of litigation and so on.