Research On My Country's Civil Litigation Expert Assistant System

The modern society has entered the expert era,and more and more we give life to experts.Experts not only provide support for our daily life,but also begin to assume the role of guaranteeing people's fairness and justice in the lawsuit.In a long period of time,appraisers are responsible for solving professional problems in litigation and play a decisive role in court decisions.However,with the further development of judicial practice,the judge's dependence on the appraisal opinion is getting higher and higher.The parties' ability to verify the appraisal opinion is very limited,which leads to the lack of effective supervision and the weakening of the substantive effect of the court's qualitative evidence.Under this background,the expert auxiliary system has been introduced into civil litigation to cope with more and more professional problems emerging in litigation.On the one hand,the system is based on the protection of the rights of the litigants,and the purpose of promoting the transformation of the civil procedure mode.On the other hand,it is also for the purpose of checking and supervising the appraisal opinions.In recent years,the legislation surrounding the expert auxiliary system,especially the expert certification procedure,has been perfected,but the legal status,rights and duties,qualifications and cost rules of the expert assistants have not been clearly defined.The framework provisions of legislation can lead to the lack of detailed norms in judicial practice,and chaos is inevitable.Therefore,it is necessary to carry out systematic research on the system of expert assistant in theory,legislation and judicature,to analyze the existing problems,and to put forward concrete suggestions and help the development of the system.This article is divided into five chapters:The first chapter is an overview of the system of expert auxiliary in civil proceedings.This chapter first explains the structure of the expert auxiliary system in civil litigation.After clarifying the concept of expert auxiliary and the content of the system,it makes a deep understanding of the background of the expert auxiliary system.In this context,it analyzes the three values of the system.The second chapter is the present situation of the system of expert auxiliary in civil litigation.The present situation includes three parts:legislation,judicial and theory.The legislative investigation section has selected the legal documents which have important significance to the development of the expert auxiliary system,and comments on the highlights of it,and corrects the imperfection of the legislation.The practice investigation part analyzes and summarizes the typical cases with guiding significance appearing in the judicial practice of various courts,and seeks for the direction of system improvement.The theoretical research section mainly combs and presents the theoretical disputes of the status of expert auxiliary,rights and duties,and the attribute of expert opinion,and provides theoretical guidance for the following suggestions.The third chapter is the analysis of the problem of the system of the civil expert auxiliary.Based on the previous legislative and judicial investigation,this chapter analyzes the problems existing in the operation of expert auxiliary system.Based on the previous legislative and judicial investigation,this chapter analyzes the problems existing in the operation of expert auxiliary system,and explains the causes of the problems from the perspective of system.The fourth chapter is the research and reference of the foreign related systems.This chapter selects the representative expert system under different legal systems-the British expert witness system and the Japanese litigation assistant system,and studies the procedural matters of the two expert systems,and extracts the experience that can be used for reference in our country,including allowing experts to participate in the evidence exchange before the court,maintaining the necessary tendencies and the system construction needs to be matched with the litigation model.The fifth chapter is the perfection of the system of the civil expert auxiliary system.In view of the problems pointed out in the previous chapter,from the status of the litigation,the definition of the rights and obligations,the nature of the expert opinion,the cost problem to the relevant procedural rules,this chapter puts forward some suggestions on the perfection of the system of civil litigation expert assistants,and through the connection with the adjacent institutions,the expert assistant system has become an organic part of the civil litigation system.