Research On Expert Assistant In Environmental Civil Litigation:the Dilemma And Outlet

At present,the environmental civil lawsuits are rapidly increasing.Specific issues such as the identification of pollutants,the damage results,and causal relationships have also emerged.Therefore,the Supreme People’s Court issued some judicial interpretations and moved the system of expert assistance into the environmental civil litigation procedures.However,the laws and judicial interpretations are unclear about the expert assistants’ litigation status and the effectiveness of their opinions,lacking the standards of the expert assistants,which have caused the use of terms ambiguous,the low application rate of the expert assistant system,and the obvious regional application.This is not only not benefit to give full play to the system of expert assistance in environmental civil litigation,but also affects the future of the system.So,is the "identifier + auxiliary" path feasible in the current environmental civil litigation system? In order to demonstrate this claim,the full text is divided into three parts:The first part expounds the status quo and difficulties of the system of expert assistance in the environmental civil litigation procedures.The system of expert assistants has been established in the form of legislation in the civil litigation system from the time of its creation to formalization,and the relevant rules have been lacking in detail.It has caused the situation that the rules in the environmental civil lawsuit are not specific,and the related status of the judiciary is ambiguous,the application rate is low,and the application is too concentrated.The second part examines the development of related systems in other countries.Study and evaluate the system of expert witness in the United States and the system of appraisers in Germany,and point out the advantages and disadvantages of the two systems,and compare them with the expert assistant system in the environmental civil litigation to discuss the problems of legal transplantation.The third part gives some advises of the system of expert assistants in the environmental civil litigation experts.The necessity of selecting the path of "identifier + auxiliary" lies in the fact that a single identifier system and a single auxiliary system cannot overcome their respective drawbacks,and the expert model of "identifier + auxiliary" can effectively solve these problems.To achieve the goal,it depends on the basic elements such as the expert assistants’ litigation status and the effectiveness of their opinions,and the standards of expert assistants,as well as their rights,obligations,and related legal responsibilities of the expert assistant.