An Study Of The Litigant Selecting Auxiliary Expert In Civil Litigation

In civil proceedings,the auxiliary expert distinctive utility and value in helping the parties to examine the expert opinions and the professional issues are self-explanatory,but the qualifications and the protection of rights for the party's selection of auxiliary expert have not been clearly defined,and there are still large differences.The purpose of this article is to regulate the limited condition and the right protection of the party's selection of auxiliary expert.Through a variety of methods,including situation analysis,reason analysis,function analysis,and document analysis.The article focusing on the connotation of the party's selection of auxiliary expert,to discussing the recent developments in the system,the summary of extraterritorial related regime,the current situation of judicial practice,and the deserved states in the party's selection of auxiliary expert.Although the current legislation does not expressly provide for the party's selection of auxiliary expert,there are cases in which the qualifications of the selected auxiliary expert are high and a number of auxiliary expert are selected in practice,leading to the parties doesn't free exercise the rights of selecting auxiliary expert.The author believes that the limited condition of the party's selection of expert's assistants is not too high or not too low.And the court should be clarified the information of the auxiliary expert,and perfected the right protection for the party's selection of auxiliary expert.This measure can achieve the effective balance between the autonomy of the parties when they select auxiliary expert and the quality of the auxiliary expert 'opinions,and attain the legislative purpose of the expert assistant system.