Research On The Legal Status Of Expert Auxiliaries In Civil Procedure

With the accelerated advancement of the rule of law and the rapid development of social economy,civil and commercial cases have become specialized and complicated.According to the customary practice,appraisal is the most important way to solve the problems in the professional field,but the appraisal opinion,which is called "widely accepted scientific evidence" in China,is gradually showing its shortcomings in judicial practice.In order to better address the admissibility and scientific nature of the expert opinion and to make up for the shortcomings of the appraisal system,the expert-assistants system has emerged.As a part of the overall study of civil litigation,the study of expert assistants in civil litigation is not only beneficial to the fair and effective resolution of professional issues in the case,but also significant to the improvement of the identification system and the overall system of civil litigation.As a newly introduced class of litigation subjects,the study of the legal status of expert auxiliaries is conducive to further clarifying the legal status of expert auxiliaries,better solving the dilemma problems in the real operation,and then giving full play to the advantages and roles that expert auxiliaries should have.In the process of this paper,first of all,the current situation of expert auxiliaries in civil litigation in China is analyzed.In practice,the basic problem of the legal status of expert supporters is not independent,which gives rise to a series of problems such as unclear validity of opinions,unreasonable rules of cross-examination,lack of operability of the procedure of participation in litigation,unclear legal responsibility and unsound supervision mechanism,and the reasons for the legal status not being independent are analyzed.Secondly,the theoretical basis of the legal status of expert supporters is studied,including the theory of purpose and value of civil litigation and the factors to be considered in establishing the legal status of expert supporters.Once again,the results of overseas research on the legal status of expert-assistants and related issues are dialectically sorted out to find out what can be absorbed and learned from them in accordance with China’s national conditions.Finally,we propose theoretical and practical suggestions for the improvement of the legal status of expert supporters in civil litigation in China.From the study it was concluded that the expert support person should be positioned as an independent litigation participant,and its opinion should also be identified in the form of an independent form of evidence,which is in line with the purpose of the civil procedure law to establish the system.The independent legal status given to the expert auxiliary can make up for the lack of judges and parties to the lack of professional issues,can help judges more accurately understand the case,the scientific solution to the professional and technical issues of the dispute,so as to make a fair decision,but also to improve the ability of the parties to cross-examine,thereby improving the efficiency of litigation.