| With the progress of science and technology and the development of social economy,the professional problems involved in various fields are becoming more and more complicated and specialized,and civil disputes inevitably involve different professional problems.Although judges have profound views on legal provisions,it is difficult to solve problems in other professional fields with a single legal knowledge.This makes the lack of relevant professional knowledge of the judge in dealing with a large number of new fields,high-tech requirements of the professional field problems,highly dependent on the expert conclusion of the expert body as strong evidence for judgment.However,under special circumstances,there are all kinds of mistakes in the artificial identification conclusion,which makes it difficult for the litigants to refute effectively in the litigation confrontation on the premise of lack of identity and knowledge background,thus affecting the realization of the rights and obligations of the litigants.So in the professional civil litigation with "evidence as king",how to protect the legitimate litigation rights and interests of the parties in their substantive law and procedural law,and how to correctly identify the facts of the case and make reasonable and fair judgments need professional people to assist in the litigation,so as to make up for the lack of professional knowledge of the litigation participants,and then realize the fair value of civil litigation.The regulations of the Supreme People’s Court on evidence in civil litigation,which came into effect on October 1,2002,has defined the expert assistant system in civil litigation for the first time.The purpose of the system is to strengthen the substantive proof of expert opinions involved in the process of court trial,further standardize the cross examination procedure,and improve the quality requirements of scientific evidence.However,in the process of practical application,our country has not made systematic and comprehensive provisions on it in legislation,and many theoretical problems have not been substantially solved,such as the qualification of expert assistants,the litigation status of specific rights and obligations of expert assistants and so on,which makes the system face many obstacles in civil litigation practice and can not achieve the expected social goals Therefore,it is necessary to make a more in-depth analysis of the expert assistant system in China’s civil litigation. |
