Research On Expert Assistant System In Civil Procedure

With the deepening of innovation-driven development strategy in China,high-end industries have brought a large number of highly professional economic disputes while developing rapidly.Litigation cases gradually show the characteristics of diversity,complexity and professionalism.In order to better solve the factual identification of the specific issues involved in the case and to achieve effective checks and balances on expert opinions,China began to introduce the expert assistant system.The concept of "person with expertise" was first introduced into the field of civil litigation in China through "Provisions on Evidence in Civil Procedure" of the Supreme People's Court in 2002(hereinafter referred to as "Provisions on Evidence");the Civil Procedure Law of the People's Republic of China(hereinafter referred to as "Civil Procedure Law"),revised in 2012,formally established the form of codes to assist our experts The interpretation of the Supreme People's Court on the application of the People's Republic of China and the Civil Procedure Law(hereinafter referred to as the Interpretation of the Civil Procedure Law)published in 2015 has expanded and improved the content of the expert assistant system.The promulgation of relevant laws and judicial interpretations provides legal support for the application of expert assistant system in judicial practice,improves the formalization of cross-examination of expert opinions to a certain extent,and strengthens the litigation power of the parties.However,the legal provisions of the system are still vague and simple,and many key issues in judicial practice lack specific legal guidance,which leads to a considerable gap between the actual application of the system and the expected effect of legislation,and affects the function and effectiveness of the expert assistant system.The expert assistant system in civil litigation in our country integrates the relevant contents of expert evidence system in common law system and continental law system.It is a localized design based on our national conditions and reality.Through the collation and analysis of foreign related systems,the author hopes to provide some suggestions for the perfection of the expert assistant system of civil litigation in our country on the basis of our judicial practice and drawing lessons from the advanced experience of foreign related systems.In addition to the introduction and conclusion,the text is divided into four parts:The first part is an overview of the expert assistant system in civil litigation in China.This part cognizes and understands the basic framework of expert assistant system in China from various angles and levels.Firstly,it starts from the concept of expert assistant,and then compares expert assistant with confusing witness,expert and litigation agent in practice.Finally,it elaborates the value function of expert assistant.The second part is an investigation of the relevant foreign systems.This part mainly studies the expert witness system in Anglo-American law system,the adjunct system in Japan and the Italian technical consultant system in continental law system countries,and examines the qualifications of experts,the selection model,the effectiveness of evidence and the rules of acceptance of opinions under different litigation modes.The purpose of this paper is to analyze the advantages and disadvantages of foreign related systems,compare the operation status of expert assistant system in China,and summarize the existing problems of expert assistant system in China.The third part is about the practical dilemma and existing problems of the expert assistant system in civil litigation in China.Through summarizing and analyzing the predicament of the expert assistant system in the operation of judicial practice in our country,we find that the system has some problems in qualification determination,litigation status,evidence effectiveness and litigation procedure.Finding out the problem is an important prerequisite to solve the problem.Only by clearing up the shortcomings of our expert assistant system which has been tested by practice,can we rationalize the path for the next system optimization.The fourth part is to put forward some optimization guidelines for the problems summarized above.Through clarifying the qualification criteria,rationally positioning the litigation status,strengthening the effectiveness of evidence,perfecting the litigation procedure and perfecting the supporting system,the author puts forward some suggestions and ideas in order to make a modest contribution to the continuous improvement of the expert assistant system of civil litigation in our country.