On The Perfection Of The Expert Auxiliary System Of Civil Litigation In China

With the development of the times and the progress of the society,the refinement of the social division of labor has been deepened,the professional characteristics of the industry have become more and more prominent,and the phenomenon of knowledge differentiation among different industries has become more prominent.Expert assistant refers to the subject who has a certain professional qualification and professional achievements or has profound knowledge and rich experience in a certain industry or field.Expert assistants are different from witnesses,experts and litigation agents.In civil litigation,the expert assistant system can effectively restrict the existing identification system,and at the same time enrich the litigants' litigation rights.On the basis of the substantial exercise of the parties' right of cross-examination To realize the function of ensuring justice and efficiency.Compared with other civil litigation systems,our country's expert assistant system is a "young" system,which was mentioned for the first time in some regulations of the Supreme people's Court on the evidence of civil litigation in 2002.Ten years later,in 2012,the "Civil procedure Law" formally established the expert assistant system in the form of the basic law of the state,and then in 2015,the expert assistant system was briefly refined in the "Judicial interpretation of the Civil procedure Law".Until now,the expert helper system has not been further improved,in judicial practice,the general and brief legal provisions,so that The application of the expert-assisted system is not optimistic,in which the legal status of the expert-aided person is not clear,the qualification standard is not perfect,the admission procedure is not standardized,the opinion effectiveness is not clear,the rights,obligations and responsibilities are not perfect.The five aspects of the problem directly hinder the expert helper system to play its due role.Through the investigation of the extraterritorial expert witness system,the litigation assistant system and the technical consultant system,combining the experience of the Anglo-American law system and the civil law system on the participation in litigation with professional knowledge,and combining with the actual situation of our country,Make clear the independent litigation status of expert assistant,and confirm the qualification standard of expert assistant at the same time.We should perfect both the conditions and the negative conditions,standardize the transfer procedure of the expert assistant,including the starting subject,the start time and the relief procedure,and clarify the effectiveness of the expert assistant's opinion to the expert opinion,the parties' statement and the judge's judgment.Finally,we will improve the specific rights,obligations and responsibilities of expert assistants in civil litigation,aiming at the main problems existing in the system of expert assistants in civil litigation in our country from five aspects,combining with the system outside the territory,taking advantage of each ether's weaknesses and getting rid of the inadequacies.To our country civil lawsuit expert auxiliary person system progress consummation.