Research On The Expert Assistant System

Science and technology in China from "big manufacturing country" to "innovators"a new round of economic restructuring plays an irreplaceable role, the people’s courtaccepted the case involves more and more science and technology special issues, manycases have been beyond the scope of the judge and the party’s knowledge, the nonprofessional field people make authoritative interpretation it is difficult to. Long termsince, the judge as to find out specific problems generally taken to entrust a professionalinstitution of judicial identification. The judicial authentication opinions issued withproof of the strong force, has become one of the legal evidence in the civil procedurelaw, through the identification of opinion testimony and certification increasingly proofrole more and more. However, due to China’s legal provisions on judicial identificationis more general, identification system design is not perfect: on the one hand, theidentification of the program start is not clear enough, there are multiple identification,repeat identification problem; identification and authentication institutions selection,responsibility is not clear, the problem of authentication institution management moreconfusion etc.. On the other hand, people generally do not appear in court to makeidentification of the expert opinion is not effectively cross examination, or make theexamination process becomes a mere formality; and for some to professional knowledgeof expert opinion, no relevant experts to participate in the quality certificate, often affectthe court to involve special issues in the case facts. Identification of the existing systemhas been unable to meet the demand of the reality of judicial practice, and introduces theexpert assistant system and ensure its smooth operation, to maximize the efficiency ofthe system be imperative. April1,2002implementation of the "Supreme People’s court"several regulations about the civil action evidence sixty-first first proposed the conceptof "expert assistant", allowing the parties to apply for people with expertise on specialissues to explain and inquire the expert witnesses, the creation of the expert assistant system coexist with the expert system, has China the characteristics of the. Then in therevised "Civil Procedure Law" provisions of article seventy-ninth of the parties mayapply to the people’s court notice with specialized knowledge appearing in court,comments made identification of the expert opinion or professional problems, furtherenrich the connotation of the system. In practice, how to make the introduction ofEurope and the United States institution to overcome "The climate does not suit one.",maximize its effectiveness? The article thinks, should be combined with China’s judicialpractice, the identification of the existing system and the auxiliary expert systemorganically, identify the expert assistant in the functional orientation of them, payattention to the difference and connection with the Anglo American law system andcontinental law expert witness technical adviser, difference and relationship expert jurysystem in practice and the development as well as the. At the same time, on the expertwitness testimony, published opinion, on behalf of a party to the case put forward by theexpert’s advice is summarized, and explore the normative operation expert assistant, toplay its due role in the professional judgment of.