On The Perfection Of "Expert Assistant 'system

With the development of the society and the rule of law, more and more special issues involves in the lawsuit. Before the establishment of Expert Assistant System in’Several Evidence Rules for Civil Lawsuit’ in2002, there only existed Identification System in the judicial practice in our country and it ran in one-track to solve special issues involved in the litigation. This led the judge and the parties to solve problems without their own cognitive. In this case, it’s necessary for our country to establish the Expert Assistant System matching with the Evidence Rules. As the new "Criminal Procedural Law" promulgated, the stipulation of "people with specialized knowledge" in the three procedural laws in our country have the corresponding provisions. However, with this system established, it produced problems such as expert assistants’ qualification is not specific, their legal status and rights and obligations is not clear, their testimony is not specific and expert subjective deviation, etc. Only solved these problems, can prompt the new system to run efficiently, and be a good complement of expert witness system, so as to realize fairness and justice.This article begins with the overview of Expert Assistant System, and analyzes t the research background, research purpose, significance, and research methods of this system respectively. And it compares the similarities and differences of the Expert Witness System in our present law with Anglo-American law system. Through the contrast, we find out the defects of the system of our country, and put forward some perfect measures in view of the problems found. This article is divided into five parts:The first part is an overview of the Expert Assistant System. This part introduces the current research background, research purpose and significance and research methods of the Expert Assistant System. It’s main to introduce the outline of the Expert Assistant System briefly, and lays the foundation of later.The second part is an analysis of the Expert Assistant System of the status. This part mainly stated and analyzed the present legislation and judicial practice of the Expert Assistant System. In the legislative status part, the author places the system of rules of the three major procedural laws, and in the judicial practice present situation part, the author deduces the necessity of the Expert Assistant System through the analysis of the defects in the system. The third part is a comparison in the similarities and differences between the Expert Assistant System in our country and the Expert Witness System of Anglo-American law system. This part introduces the defects and advantages of the system of Expert Witness of Anglo-American law system, and by comparing the similarities and differences between the current Expert Assistant System and the Expert Witness System of Anglo-American law system to point out the deficiency of the present system in our country, and to do matting for the following analysis of the defects.The fourth part is the defects of the Expert Assistant System. This part deduces several limitations of the current Expert Assistant System of our country through the analysis of the front two parts.The fifth part is the perfection of the Expert Assistant System. The target of this part is to put forward the service of judicial fairness and justice in the judicial practice in better using the system of Expert Assistant by putting out several pointed institutional defects of our current Expert Assistant System.