On The System Of Expert Assessor In Our Civil Procedure

Under the background of the ever-changing era and the development of the society,various industries have different reform initiatives in the process of continuous innovation.Therefore,this environment has eventually led to complex and diverse professional issues in litigation.These issues are difficult to resolve by judges.Therefore,other countries also established the expert auxiliary correspond with litigation system in order to solve the problems.In the civil action in China,the first expert system is appraiser system.Although this system solved many professional problems in the lawsuit activities to a certain extent,the limitations have also gradually emerged in the judicial practice.For example,the judge was overly dependent on the appraisal opinion,and the party lacked confirmation of the appraisal opinion.At this time,China's civil litigation expert assistance system that takes the reprehensibility of solving the problems emerged.In China,the litigation system of civil litigation expert assistants was first established in2002 and is stipulated in the Civil Procedure Law of the People's Republic of China,which is in the Supreme People's Court Regulations on Evidence of Civil Procedure(hereinafter referred to as “evidence regulations”)and formally revised in 2012.China(in the "Civil Procedure Law")was established in the legislation form.At present,China's civil procedure establishes a system of expert auxiliary,and subsequent legislation makes more regulations on this system.However,in the juridical practice,this system has not been well implemented and caused a lot of problems.For example,the status of expert auxiliary system in the litigation process has not been clearly identified and there are no related issues such as the rights and obligations regulations,which seriously hinders the applicability in the actual trial.The author holds that we also need to further the study on expert auxiliary system.This paper mainly includes four parts.The first part introduces the contents of expert auxiliary system.In this part,the author compares the common litigation participants and expert auxiliary in civil litigation.And then the author conclude meaning and concept of this system and provide some suggestions to improve expert auxiliary system.Meanwhile,the author summarizes the function of expert auxiliary system in China's civil lawsuit and emphasis necessity to establish this system in China.The second part introduces the contents of the expert auxiliary system in the current legislation in China and then analyze the its specific application of in judicial practice.In this part,from the perspective of legislation and judicial practice,the author demonstrates the problems faced by the expert auxiliary system and deeply analyzes the causes of this problem.The third part analyzes the similar system of other countries.In this part,based on the investigation of the related system of the United States,Italian and Japan,the author studies the advantages and disadvantages of different systems in various environment,which provide ideas to improve our legal system.The fourth part studies the strategies to improve expert auxiliary system in civil litigation in China.This part analyzes the expert auxiliary in various aspects of legislative practice.Based on the judicial practice in our country,the author proposes the specific suggestions aiming at the above problems.