Research On The System Of Civil Litigation Expert Assistant

With the quick development of science and technology and the increasingly detailed division of labor in society,more and more cases involving professional problems appear in judicial practice.In the cases involving the identification of professional problems,the identification of professional problems often becomes the key to the trial of a case.The main system to solve professional problems in our country in the past is appraisal system,but because the judge and the party person lack relevant professional knowledge,cannot effectively supervise and restrict the appraisal opinions,and it is apt to happen that the expert’s monopoly of the right of professional fact identification.Establishing the expert assistant system in our country can break the expert’s monopoly of professional fact identification.It also plays the role of protecting the litigant’s litigation rights.However,at present,the legislative provisions of the expert assistant system in our country are rough,and the system lacks operability in judicial practice.The expert assistant system cannot play its essential role fully,which leads the expert assistant system into the embarrassing situation of "nameless".Based on the practical demand of judicial practice,our country established the expert assistant system.This paper expounds the current situation of legislation and judicial situation of the expert assistant system,and discover relevant legal provisions and judicial explanations of the system of civil litigation expert assistant,and investigate the current situation of its application in judicial practice.It is found that there are many problems in the expert assistant system in our country,such as unclear litigation status of expert supporter personnel,unclear qualification selection standard,lack of court proceedings and unknown rules of opinion acceptance and trust.For the settlement of cases involving specialized issues,different legal system countries implement different expert systems,each has its own characteristics,common law countries implement expert witness system,Italy on the basis of civil law countries to improve the expert system,established the Italian technical consultant system.This paper analyzes the expert witness system of the common law system and the technical consultant system of Italy.At the same time,when we learn from relevant experience of foreign relevant expert systems,we should look at foreign relevant expert systems dialectically from our actual conditions and legal traditions.Finally,based on the problems existing in the operation of the expert auxiliary system,and referring to the reasonable part of foreign relevant expert systems,we put forward corresponding countermeasures to improve the system,which includes the following four aspects: First,to clarify the litigation status of the expert assistant system;Second,set the qualification conditions and examination standards of the expert assistant,in order to fully protect the rights of the parties;Third,improve the expert assistant person starting procedure and court inquiry procedure;Fourthly,it makes clear the nature of the expert helper’s opinion and constructs the rules for the expert helper’s opinion.