On The Improvement Of The System Of Expert Assitant In Civil Procedure

As a new-established system, civil litigation expert assessor system still needs to be furtherperfected. How to set a stage for the expert assessor system to take on a greater role in civillitigation and better adapt to actual judicial practice, that is the starting point of this thesis.The first part of the thesis generally introduced the expert assessor system，defined itsmeaning based on theoretic analysis and analyzed the differences among expert assessor、expert witness and expert examiner system, also detailed the important value of expertassessor system in civil litigation. Summarized the expert auxiliary system improve thepositive significance to our country civil action.Then in the second part, illustrated the legislation and current situation of judicial practice,summarized the positive significance of expert assessor system to civil litigation and also putforward the existing main problems.In the third part, the author studied the expert witness system of Anglo-American law systemand the expert examiner system of continental law system, and analyzed both the advantagesand disadvantaged of the two systems as well as their enlightenments to us. Thesecomparison and studies allow us a deeper and more objective understanding to the expertassessor system, and also provides more reference for its further perfection.The last part of the thesis is about the perfection proposals for expert assessor system.Through the above analysis, the author mainly cleared the purpose and function、election andprocedures、opinion legal effect、rights and obligations and legal liability as well as otherpossible indemnificatory measures, hoping to provide some assistance in promoting theperfection of expert assessor system in civil litigation.