Study On The Expert Assistant In The Procedure Of Cross-examination In China

Expert opinion is one of the country lawsuit legal evidence forms. It plays an important role to determine the case facts. Expert opinion is the surveyor on a particular kind of fact judgment, with its content of technicality and conclusion formation of the scientific proof of the case facts.Expert opinion influenced by many factors, its essence is a kind of judgment. So we have to determine its probative value. Current expert opinion cross-examination procedure has such problems as imperfect rules and formal. Cross-examination is lack of substantiality.Expert assistant participate in the cross-examination of expert opinions can enhance the capacity of the parties. Judge can easy rule the evidence, and it can remedy your limitation of the system. So it is one of the effective methods to solve system predicament of cross-examination. In today’s rapid development of science and technology, it is necessary for experts to participate in the court. Establish the system of expert auxiliary is the inevitable requirement of development of the legal system. Expert opinion in the protection of the parties litigation rights, identify, promotion of procedural justice and substantive justice plays an irreplaceable role.Expert assistant system in our country has many defects in legislation and practical operation. Legislation is too simple. There have no provision about its nature and responsibility and litigation effectiveness, In practice, most of the expert assistants participate in intellectual property cases, medical disputes and environmental pollution. This article takes the medical dispute lawsuit as an example and analyzes the actual operation. So the expert assistant that demands of litigation practice can be used in the concrete judicial practice and achieved good legal effect.There are many problems about the system of expert assistant in legislation and the actual operation, including the bias of its position, professional level of professional judgment, dispute handling, and the legal effect of expert assistant opinion and so on. Both of the two legal systems have the rules about the expert assistant participate in cross-examination procedure and reform. It includes "expert conclusion" of continental law system and "expert witness "of Anglo-American law system. Each of the two law systems has its advantages and disadvantages. The Civil law emphasizes authority and the efficiency of lawsuit, the judge can easily lead to arbitrary and effect cross-examination. The Anglo-American law system emphasize due process, the antagonism is stronger, easy war into a science. The cross-examination systems of two law systems are all in the continuous reform and innovation, to absorb and draw lessons from each other, present more common points.Cross-examination system reform in China should keep the original background, and absorb the essence of "expert witness" system. It could improve the procedure of our expert assistant in cross-examination constantly. Through the analysis about constantly the present situation of the cross-examination, we take participation of the expert assistant as an important factor of supplementary to cross-examination procedure, and present preliminary ideas about cross-examination. We put forward four Suggestions to perfect the produce of cross-examination. The first is to establish the position of expert assistant in cross-examination procedure. The second is to establish cross-examination mode of expert assistant. The third is to clear the potency of expert assistant’s opinion, and the last is to definitude the law responsibility of expert assistant. These suggestions aim to improve the procedure of cross-examination, and to make expert assistant operate effectively in the litigation practice.