An Empirical Study On The Use Of Expert Assistant In China

With the constant integration of science and laws,the system of expert assistant will surely play an increasingly important role in the future society.At present,the legislative provisions of China’s civil litigation expert assistant system are too rough,the application space is ambiguous,and judicial operability is not strong.At the same time,the 15-year judicial interpretation of the Civil Litigation Law regards its opinion as a “Statement of the parties” that highlights the color of its parties and does not help to exploit the potential advantages of such evidence resources.There are a series of problems in the actual application of the local courts.This article starts from the legislation and practice,first of all through the method of empirical research,statistics and analysis of the referee documents related to expert assistants in the past three years.Regarding the types of common cases in which expert assistants were hired,the court classified and classified the opinions of expert assistants as well as the reasoning of whether or not the opinions of expert assistants were adopted in the judgment.From the relevant data,it is learned that the actual operation of the expert assistant system has the following problems: First,the degree of appraisal of the judge’s opinion on the expert assistant is not high;Second,the opinion of the relevant expert assistant person is insufficient in the judgment;Third,local courts have been confusing in the review of opinions,and lack of standardized rules of application.The system of expert assistants in China is a reference to the system of expert witness in the Anglo-American legal system.There are similarities with expert witnesses in the United States in court appearance and purpose.The difference is in the expert witness system of the United States,its function and positioning are clear and apply the rules of witness.However,the system of expert assistant in China only stipulates two situations in which an expert appears in court.There is no distinction between the effectiveness of the opinions and the functional orientation is unknown.Although there are great differences in the legal orientation between the two countries,the expert testimony admissibility rule has important reference value for reviewing and judging the opinion of our expert assistants.Therefore,the paper next reviews the admissibility rules of expert testimony in the United States.It concludes that the rules of admissibility are from market standards to universally accepted standards,and then to Daubert Test,which based on reliability and scientific validity,and includes five factors,such as error rate and reference peer review.The admissibility rules of the expert testimony have gradually changed from formal examination to substantive examination,and have been continuously adjusted in the running of rules and practice.The admissibility rules of American experts’ testimony provide a good idea for regulating the use of the opinions of our expert assistants.Based on the judicial status of China,the author proposes the following legislative proposals and practical considerations:In the aspect of legislation,expert assistant should be given independent evidence status,emphasizing the scientific objectivity of expert opinion,and combining the current situation of the judiciary in our country to improve the expert assistants’ adoption rules.In the judicial practice,the judge should regulate the analysis process of the formation of the expert assistant’s opinion,strengthen the openness and interpretation of the judge’s evidence,and strengthen the full reasoning in the judgment.It is hoped that the system of expert assistant will operates more regularly,and give full play to the energy of such evidence resources.