Study On The Improvement Of The System Of Civil Litigation Expert Auxiliary In Our Country

It adds more clarity to cases by allowing appraisers to appear in count and to let technology speak for itself. But due to the fact that parties and judges have no acquaintance with certain specialized knowledge, it often comes to cases where there is too much reliance on expert opinions or too much doubts. Since we are unable to have an effective cross-examination on the expert opinion, there is an increase demand of repeated identification in a case trial year by year, which has a negative impact on both lawsuit efficiency and judicial fairness. Therefore, in order to make the expert opinion clearer, it is of vital significance to build an effective examination mechanism, especially for some expert opinion which is disputed by the parties or some unclear problems from the count that requires opinion of experts. Based on what are mentioned above, the expert auxiliary system has been established in response to it.The current regulations of expert auxiliary in our country's civil action legislation mainly appear in the Evidence Regulations promulgated in 2002, the C ivil Procedure Law revised in 2012 and the O n the Application of the C ivil Law of the People's Republic of China implemented in 2015. But overall there is merely a word or two about it appearing in the articles of law, which does not clearly specify the purposes of litigation of both sides involved, namely the appraiser and the expert auxiliary. This creates deeply-worried phenomena including a lack of qualification standard for expert auxiliary, their obscured rights and obligations, the opinion adoption being blocked, the litigation activities being constrained, and a lower applicable rate, which cause them to fail to play to the supervision and supplementary identification system, and fail to protect the rights of the parties program which ought to be exercised. Under such circumstance, the expert auxiliary system, as an innovation in the process of judicial reform, is worthy of further research and improvement.Hence in a progressive thinking structure, this paper analyses the basic theory of expert auxiliary system existing in our country, expounding its due value and effect, specifically distinguishing the expert auxiliary system from other related system and illustrating their connections so as to draw a rough outline of the existing system. Besides, a conclusion on the present legislation and the judicial operation status of the expert auxiliary system in our country has been reached from a double-perspective of both theoretical level and practical level to dig out its potential deficiencies, thus making sure how it is possible for its perfection and its research direction. Then based on the given research direction, we take a look at regulations and practice of the relevant systems outside the local area, investigate and review their advantages and disadvantages, reflect upon how to borrow ideas and even transplant from them or how to seek for certain enlightenment, with the expert witness system of Anglo-American law system and Italy's technical consultant system as its main research objects. Finally, after weighing all the basis above, some shallow opinion on improving our country's civil action expert auxiliary system are put forward, such as concretizing the accredited qualification standard of the expert auxiliary and its examination procedure, specifying its rights and obligations, making the procedure of participation more integrated and the adopting standard of experts' opinion explicit, establishing accountability mechanism and the right rescue system, etc.