On Civil Litigation Expert Assisted System

With the sharp development of the Science and Technology, the Scientific and Technical issuesbecome more and more specific and complex. Modern civil action inevitably involves many professionalissues. The solution to the professional issues almost become the premier finds the fact of the case. In orderto make sure that all these specific issues will be conquered easily as well as to help the litigant define thetestimony specifically on the aspect of the Expert opinion, to assist the understanding of the magistrate, toget control on some relevant and specific knowledge, to accurate some facts of the case. The SupremePeople’s Court promulgated the “some evidence about the provisions of the Civil Procedure” originallyproposed the establishment of Expert Assistant System in the year of2001. The “Standing Committee ofthe National People’s Congress” has totally agreed “the Decision on amending the <People’s Republic ofChina Civil Procedure Law>” in order to scope the shape of the expert assistant system according to theLegal form until the year of31st, August,2012.The Expert Assistant System in our country refers to the application by the Parties, Permitted by thePeople’s court, The Legal representative, the magistrate as well as to hired or designated some expert inorder to assist people. They assist the parties involved in civil litigation by adopting some possessedrelevant knowledge, skills and experience specifically on the Science and Technology as well as otherfields. They will give some suggestions or explanations of the professional issues and the views of theappraise specific on the proceedings as well as confrontation and examined, this can be defined as a system.This kind of system has some similarities with the developed witness system, appraiser system and also theaction agent system. However, it is also include some essential differences, as well as some irreparablepositive effect. To strengthen and complete the expert assistant system in our country is the necessary taskto complete the Forensic system, it is also the expected result to enhance the Litigation rights of the Partyand furthermore, it is the inevitable trend to meet the International Judicial environment. It is a great effectto help the litigant in order to conduct the real-scene testimony, to realize the substantive inspect to theevaluate advice, and also to assist the court to fully understanding the specific issues in order to clear all thecase effect. Before analyzing the specific contents of our expert assisted system, we should have a preliminaryunderstanding of the relevant basic theory on our expert assisted system, understand the realistic ofestablish and perfect the civil litigation expert assisted system. In order to perfect the expert assisted systemin our country, we must start from the legal in China on the basis of the status of legal norms and thejudicial practice of our country, get a clear understanding of the shortage of the existing expert auxiliarysystem in our country and the importance of the system itself, such as the unknown of the expert’squalifications and its review, the uncertain of the expert’s legal position, the fuzziness of the expert’s rights,duty and the effectiveness of the expert opinion, which targeted to improve our expert assisted system.Based on the analysis of the present situation and the lack of our expert assisted system, in order to perfectthe expert assistant system of our country, we should clear that the expert assistant should have professionalknowledge and occupation moral condition, be examined by some certain social organizations, and acceptextensive supervision, the public, the media, and so on; entrust independent litigation participants to theexpert assistant; specify the expert assistant’s rights such as the right to know the basic material’s, the rightto know the identification process, the expert assistant’s duty such as to put forward opinions, questioning,confidentiality obligations, and the civil, criminal responsibility the expert assistant should bear if he doesnot fulfill the obligations; establish the reference effect on civil litigation of the expert opinion and a reviewof expert opinion; make the expert assistant to give full play to its advantages of flexibility, carry on theexplanation, description on profound theories in simple language, to avoid the formation of professionalshielding of the judge.