Research On The Expert Witness System Under The Background Of The 2020 Civil Evidence Provision

In recent years,with the increasing level of modern technology,the professional knowledge involved in civil litigation is more and more extensive.And the litigation needs the corresponding knowledge appraiser,which is gradually increasing.The 2002 “Regulations on Civil Evidence” plays an important role.But it also appears many shortcomings,such as false appraisal in practice,repeated appraisal problems and so on.Therefore,the 2020 “Regulations on Civil Evidence” was made a lot of modifications and improvements about the provisions of appraisal,responding to the relevant suggestions of the academic community for the improvement of the appraiser system,creating a possibility for appraiser to get effective legal guarantee in civil litigation.Under the background of the revision of the 2020 “Regulations on Civil Evidence”,this paper will sort out the provisions of the appraiser,and explore the status of the appraiser in the litigation,rights and obligations,rights protection and responsibilities of the appraiser and so on,so as to improve the appraiser system in China.Starting with the survey of the appraiser system,the definition of the relevant concepts are mastered.On the legislation,the paper analyzes the provisions of the 2020 “Regulations on Civil Evidence”,and mainly analyzes the rights and obligations,relief measures and responsibilities of the appraiser and so on,so as to understand the quo of the relevant systems in China at the present stage.On the judicial practice,I collect relevant data and search relevant judgment documents on the China Judicial Documents Network and analyze them,in order to understand the impact of the new revised provisions on practice.However,the 2020 “Regulations on Civil Evidence” does not reasonably standardize the rights of the appraiser,and the expansion of the rights of the judge in the appraisal procedure will have an impact on the exercise of the rights of the appraiser.Moreover,there is a dispute whether the application standard of the court fee is reasonable or not and there is no clear about the transfer procedure of the fee.Furthermore,the rate of the witness to appraiser in court has not been improved.And in judicial practice,the parties are not willing to pay the free of the witness to appraiser witness in court in advance or the parties cannot meet the requirements of the appraiser,which leads to the appraiser does not appear in court for questioning.In this regard,this paper puts forward six measures to improve the establishment of a perfect appraiser system in China.