| With the rapid development of modern science and technology and social interaction of frequent, Litigation disputes involving areas of expertise was a growing trend. For this reason, the introduction of people with expertise in litigation cases involving professional and provides professional opinion to help judges and other participants in the proceedings in the facts of the case has become an inevitable choice for the judicial settlement of disputes. However, how to introduce professional advice in the litigation of legal significance and effectively into evidence material in order to better meet the claims, different countries according to their pattern of civil litigation has taken various legislative models, thus the expert witness system and appraiser system existed.Litigation system in China to ensure justice, improve the quality and the efficiency of the proceedings and gave the parties in proceedings to apply for the right to entrust persons with expertise in legal proceedings. But in judicial practice, it seems that persons with expertise especially refer to the appraiser, it does not clear that legal on qualification condition, litigation status, and right obligations, also the responsibility of people who have specifically knowledge in litigation, theory and practice sectors on role understanding of people who have specifically knowledge and participation litigation are more fuzzy, although there are many empirical research, but the lack of the antibody summary research, meanwhile,it does not form targeted of theory system. Therefore, how to study on related issues of people with expertise to participate litigation from theoretical analysis, compared relevant foreign Expert witness system with appraiser system, and set up the rules of people with expertise to participate litigation from the judicial practice, which has become a problem to be solved in China’s judicial reform.This article is divided into four parts.The first part main described the legal background of people with expertise participating litigation, including define of people with specifically knowledge and its classification compared study, experts type witnesses and documentary examiner, scene investigation participant for role classification, discussed on the case facts, court scientific, and guarantee litigation and improve litigation efficiency, judicial identification system, evidence system reform aspects of people with expertise to participate in legal philosophy and values.The Second part on China’s system of people with expertise in legal proceedings related to comparative analysis. Include people with expertise on the content summary and legislative problems. Appraiser, and experts auxiliary, and experts type witnesses and documentary examiner,and scene investigation participant specific problems of analysis involved in the litigation practice, focused on comparison and analysis of the existing problems and future direction of reform.The third part briefly describes the system related to foreign. As the expert witness system in common law countries, as well as appraiser system, technical adviser, identification of witnesses and Litigation assessor in civil law. Analysis advantages and disadvantages about system of people with expertise in two law systems, offering some help for the following construction of the related rules on people with expertise.The fourth part proposed our vision on related rules. In the proceeding of system’ perfection in our country, first, it is necessary to clear the litigation status for experts witnesses, distinguish appraiser, Experts auxiliary and experts type witnesses, documentary examine according to their different purposes, and make this five species subject coexistence together. From specifically knowledge of people participation litigation’ access system, and participation litigation of program and integrated collecting evidence proposed perfect ideas. |
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