Research On The Role Of Expert Jurors In Civil Litigation

With the development of productive forces and the progress of science and technology,the social life is increasingly complex and the social division of labor tends to be refined.From the perspective of the existing legislation in the field of civil litigation in China,a mixed fact finding mechanism has been formed in terms of the solution of specialized problems,including the role of expert assessors,expert assistants and consultants outside the case.Due to the monotony of traditional law education,the knowledge structure of professional judges with "unprofessional skills" is limited,and there are cognitive barriers in the special cases with strong professional judgment,which brings challenges to judicial justice.In the new trial of juror system reform,the prominent role of expert juror in the fact determination and the irreplaceable advantage of participating in the trial bring new ideas to solve the special problems of civil litigation.However,the performance of expert jurors in the trial is still controversial,and the newly promulgated "people's jurors law" puts the expert juror system on the shelf,making the expert juror system still have no rules to follow.Based on this,this article,by means of empirical research with the aid of role theory to investigate the expert jury than practice the role expectation,role cognition and role playing,and through the role of controversial observation the effect of system running,and connecting with the practical circumstances to appropriate adjustment of expert jury role,to explore the path of the expert jury system reform.This paper discusses the role of expert jurors in five parts:The first part studies the role norms for expert jurors to participate in the trial and the role expectations of other litigation subjects and the public for expert jurors,and describes the script for expert jurors to participate in the trial,including the multiple role expectations of the assessor,supervisor and mediator.The role of expert juror can be divided into three levels: expert knowledge provider,expert evidence reviewer and expert fact ascertaining.In the second part,based on the external expectation on the role of expert jurors,the author starts from the subjective aspects of expert jurors' participation in the trial to find out their own cognitive status of role norms and identification degree of role positioning,so as to obtain the understanding of the role that expert jurors will play.The third part examines the status quo of expert jurors' role playing by empirical analysis,and explores the existing problems in the practice of expert jurors' participation in trial.This part mainly covers the whole process of expert jurors' participation in the trial,including the selection of cosplayers,the initiation of cosplay procedures,the composition of the collegial panel,the types of cosplay cases and the marking,questioning,evaluation and mediation mechanism in cosplay.The fourth part is to evaluate the practice performance of the role of expert jurors against the role expectation of expert jurors,reveal the controversy of the role performance,and explain the role conflict behind the role imbalance with the role theory.This part analyzes the positive effects of the role of expert juror in the provision of expertise and the promotion of litigation mediation,as well as the negative effects in the aspects of professional knowledge bias,power rent-seeking risk and duty interruption.On this basis,the role dilemma of expert jurors is explained and analyzed from the perspective of role conflict.The fifth part elaborates the necessity of the role adjustment of expert jurors and puts forward the legal direction of the role adjustment of expert jurors.From the perspective of role comparison,the comparative advantages of the role of expert jurors in civil litigation are analyzed.At the macro level,the basic concept of role adaptation is put forward from the aspects of returning to the elite nature of roles,clarifying the multiple expectations of roles,and enhancing the effectiveness of role playing.At the micro level,role adjustment can be realized by adjusting role norms,and problems such as role selection,role participation in trial and role management can be improved to construct the expert juror system and form a new pattern of diversified development of the people's juror system.