The Research On Expert Assistant System In Civil Litigation

Since its establishment in 2002,the expert assistance system has played an irreplaceable role in improving the cross-examination ability of parties,clarifying professional facts,and promoting fair trials.However,from the current legislative status,there are still many imperfections in the details of the system,and the application of judicial practice is also quite chaotic.Over the years,there has been much discussion in the theoretical community on various aspects of the system.In order to maximize the effectiveness of the application of the expert assistance system,it is necessary to conduct in-depth analysis from both theoretical and judicial perspectives,and explore the essence of the problem.This article focuses on civil litigation and is divided into four parts.The first part explores the background and purpose of the emergence of the expert assistant system,and sorts out the legislative evolution to understand the essential value and legislative status of the system,laying the foundation for the following text.The second part is empirical analysis.Through data analysis on the application of expert assistants,the overall situation in practice is understood.Through a large number of cases,typical problems in judicial application are summarized,such as different litigation roles of expert assistants,diversified rules for the admission of expert assistants’ testimony,and chaotic application procedures.The third part is an analysis of the causes of the problem,which combines the theoretical debate and empirical analysis on the expert assistance system to analyze the reasons for the above problems.There are mainly issues such as the lack of distinguishing and defining the role of expert assistants,the lack of acceptance rules that categorize expert testimony,incomplete procedural rules,and the lack of rights and obligations norms.The fourth part is suggestions for improvement.Theoretically distinguish and define the role of expert assistants;Procedurally,clarify the initiation subject,appearance standards,qualification requirements,and categorized acceptance standards,and refine rights,obligations,and responsibilities.In terms of supporting regulations,it is recommended to strengthen the reasoning of judicial documents and standardize the fee standards for expert assistants.The full text aims to provide useful suggestions for improving the expert assistance system by sorting out theoretical disputes and analyzing a large number of practical cases,reducing obstacles in its application,in order to fully utilize its expectations and value at the beginning of the system establishment.