Study Of The Effect Of Expert Assessor’s Opinion In Civil Litigation

With the refinement of social division of labor,professional issues in civil litigation came to be complex and diversified.In order to guarantee the litigious right of the party better,the system of expert assessor in civil litigation emerged as the times require in our country.However,this system is not refined and there are different viewpoints to litigious status and effect of opinions of expert assessors in theoretical circle.The differences in practice are also very striking.At present,the litigious status of expert assessors is not clear,and the nature of their opinion is not defined.The qualifications for selecting expert assessors are not perfect and the rights,obligations,and responsibility are not completely set up.All of the factors above lead to the low effect of expert assessor’s opinion,which makes it impossible to realize its desired result of legislation.Therefore,it is urgent to improve the system of expert assessor in civil litigation and strengthen the effect of their opinion.In this thesis,the author systematically sorts out the viewpoints of scholars and learns experience from similar systems of other countries,such as the system of expert witness,the system of litigation assistant and the system of technical consultant,etc.Combining the legislation and judicial practice of our country,the author holds that expert assessors should be empowered with independent litigious status,their impartiality should be defined.In addition,the author holds new types of evidence should be set up,expert assessors’ opinion should be incorporated into the category of legal evidence and the rule of admitting evidence should be regulated.Then,the author emphasizes that the standards for confirming the qualifications of expert assessors should be made reasonably to regulate the review of their qualification.Finally,the author defines that both the rights enjoyed and the obligations fulfilled by expert assessors in litigation should be refined and the regulations of legal responsibility should be expounded explicitly.