Research On The System Of Assistant Personnel In Civil Litigation

With the development of economy,there are more and more new cases in all kinds of litigation,especially in civil and commercial litigation,there are many professional problems for judges to judge.The traditional appraiser system can not meet the needs of the present,and it is urgent to appear a new system to make up for the lack of appraiser system.The supreme people's court's provisions on evidence in civil litigation,promulgated in 2002,stipulates that "a party may apply to a people's court for one or two persons with specialized knowledge to appear in court to explain the professional issues of a case." The emergence of this provision means the emergence of a new system in China,which is called the expert auxiliary system in the academic circle,but the legislation has not given a clear definition.The author believes that expert assistants refer to those who are hired by the parties and,with the consent of the judge,help the parties to explain the special problems in the case facts to the judicial personnel and assist the parties to cross-examine the special problems in the case.In the past twenty years,great achievements have been made in theory in China.However,in judicial practice,there are many difficulties,such as unclear qualification conditions,unclear litigation status,unclear effect and nature of opinions,lack of detailed content of rights and obligations,and unclear procedures to participate in litigation,which result in the failure of the expert helper system to operate in an orderly manner.The purpose of this paper is to make up for the shortcomings of the expert assistant-person system,solve the professional problems in judicial practice with high efficiency,find the crux of China's laws and regulations by absorbing the essence of relevant foreign systems,and solve the deficiencies of the expert assistant-person system in theory and practice by refining China's expert assistant-person system.At last,the paper puts forward the improvement measures,finds the suitable operation mode for our country,improves the ability of the court to solve the special problem of the case,and forms the expert assistant system with Chinese characteristics.This paper is divided into five parts:The first part starts from the actual cases,through collecting a large number of cases and on the basis of the analysis of the typical cases,it concludes the problemsexisting in the judicial practice of China's expert auxiliary system.This part selects three most typical cases,describes the basic case and court determination in detail,and summarizes the problems existing in the case.The second part discriminates between the concept of expert assistant and similar concept.The concept of expert assistant is distinguished from that of witness,agent AD litem and expert expert.Through the differentiation and analysis of similar concepts,the definition of expert assistant is further clarified,which makes the practical circle more accurate in positioning the system of expert assistant.The third part focuses on the problems existing in the system of expert assistants in judicial practice,and studies and analyzes such problems as the litigation status,subject qualification,rights and obligations,opinion effectiveness and litigation procedures of expert assistants found in classic cases.The reasons for these problems are elaborated in detail,which lays a foundation for learning from foreign relevant systems and putting forward Suggestions on improving the system of expert assistants.The fourth part explores the relevant systems abroad.This paper systematically analyzes the meaning,legislative background and content of expert witness system,litigation assistant system and technical consultant system,and evaluates each system to conclude the advantages and disadvantages of the three systems.At the end of this chapter,the author makes a summary of the three systems,and expounds the aspects of the three systems that the author thinks can be used for reference by China's expert assistant-person system.In the fifth part,the author puts forward Suggestions to improve the system of expert assistive persons.Through analyzing and summarizing the problems of expert assistive persons in civil litigation,the author expounds his views on these problems.By summing up China's judicial practice experience and learning from foreign advanced ideas,this paper puts forward its own Suggestions from the perspective of judicial practice and legislative norms.The perfection of the system will be conducive to promoting the judicial expertise to a positive direction of development;It is conducive to improving the efficiency and quality of judicial organs in handling cases.It is conducive to safeguarding the litigant's litigation rights and interests.Finally,theauthor made a response to the case.The problems in the case were analyzed and the causes were found.Find solutions by analyzing the causes of the problems.The solution applies not only to this case,but also to such cases.