Research On The Implementation Of Expert-assisted System In The Civil Litigation

With the deep development of the industry,more and more cases involved professional issues in litigation.If no one explains the terminology.So expert assistant is very important in litigation.The expert-assisted system was officially written into the Civil Procedure Law in 2012.In the Civil Procedure Law,only Article 79 provides for the expert-assisted system.Although the Supreme People's Court has stipulated in Articles 122 and 123 of the Judicial Interpretation of the Civil Procedure Law that the opinions of the expert assistants are regarded as the parties' statements,fees,and scope of participation in the trial,the specific application provisions of the expert assistants are not perfect.Now this system has been brought into effect for a long time since 2013.In order to understand the effect of the expert-assisted system,big data's analysis was conducted on the case involving the expert assistants from January 1,2013 to December 31,2017.According to the problems encountered by expert-assisted system in the application process,using the principle of Law to analyzes the problem,then offer proposals.The article is divided into four parts.The first part introduces the basic situation of the survey.The first part introduces the basic situation of the survey,including the purpose of the survey,the reasons for choosing the data of China Judgements online as the research object,the research process,and the research method.The reason for choosing the data of China Judgements online is that its data is comprehensive.It can objectively and accurately demonstrate the application of the expert-assisted system.In addition,this is also an inevitable requirement for the purpose of research.The second part is about research data.First of all,Macroscopically grasp the number and trend of cases applying the expert-assisted system.Data analysis through the logical sequence of the participation of expert assistants in the case.To understand the implementation of the expert-assisted system.The third chapter analyzes the problems and causes on the basis of the second chapter data collation.The survey results show that although there are more and more cases involving expert assistants,there are still many problems in the process of applying the expert-assisted system: expert assistants' identity and opinions are not uniform;the employer of expert assistant is not comprehensive;the party startup procedure is not smooth,etc.Through analysis,mainly because the law is not clear about the legal status of expert assistants;the law does not equip judges with expert assistants;the court has the right to review the necessity of the expert assistant's appearance in court,etc.The fourth part,Through data analysis,suggestions for improvement are proposed based on the analysis of problems and causes.Through legal analysis,it is considered that the expert assistant should be listed as a kind of civil litigant participants;combining the practical experience of Chinese courts,giving judges the qualifications for hiring expert assistants;maintain the right to start the party's expert-assisted system,and propose to cancel the court's necessity review of the expert assistant's appearance in court;drawing on the Italian “technical adviser” system,the method of negating the qualifications is applied to the qualifications of expert assistants;referring to the practice of the courts in Zhejiang Province,the status of the expert assistants is listed after the employer.