The Research on Chinese Auxiliary Expert System
|School||Shanghai Jiaotong University|
|Keywords||Auxiliary Expert Appraiser Proceedings Position Proceedings|
Along with the advance of human society, high technology haspenetrated into every aspect of people’s life. More and more special andcomplex problems involve in lawsuit cases, which usually beyond judge’sscope of knowledge and make them confused. In order to make up the defectsof judge’s knowledge structure and help them to review these special issues,Anglo-American law system and Continental law system adopt the system ofexpert witness and the system of Appraiser respectively, let expertsparticipate in the action to solve these special problems, the two systems havetheir own characteristics. Our current identification system leans to thepractice of Continental law system, that is, judge could entrust neutralidentification institution to identify when facing special problems that unableto estimate, but the system has deficiency in legislative regulation andjudicial practice. In order to reform the existing identification system, byreferring to relevant system of expert witness in Anglo-American law system,our country set up the system of expert auxiliary, which has positive significance in changing the situation that judge relying too much on theexpert conclusion and helping the parties maintain their litigant rights andinterests. Because of the good effect that the system has obtained, and itsmore and more importance in the lawsuit, the "Civil Procedure Law of thePeople’s Republic of China", which the standing committee of the NationalPeople’s Congress passed in August2012, escalates the expert auxiliarysystem from judicial interpretation to law. While due to this system’s relevantlaws and regulations are relatively principle and the problems in judicialpractice and specific applications, for example, how to determine the subjectqualification of expert auxiliary, expert auxiliary’s litigation status isunknown, how to determine the validity of the opinion of the expert auxiliary,etc. Because of the above, it is necessary to conduct the thorough research onthe related concepts and theories, this thesis takes the expert auxiliary’sconcept and the present situation of our expert auxiliary system as thebreakthrough point, through comparing and introducing extraterritorialrelated system, aiming at deficiency of the existing expert auxiliary system inour country, tries to put forward the idea of how to perfect our country’sexpert auxiliary system from qualification selection of experts, legal status,opinion’s validity and acceptance, procedure design, etc.The thesis consists of three parts. The first part is the overview of China’s expert auxiliary in civil procedure, introducing the concept of expertauxiliary system in our country, comparing the concept of expert auxiliarywith expert witness, appraiser, witness, agent, etc. and concluding thecharacteristics of expert auxiliary. The second part is the introduction ofextraterritorial relevant system, through introducing extraterritorial maturelegislative experience and legal system about expert participating in resolvingspecial problems in lawsuits, could have some enlighten and referencefunction for our country’s expert auxiliary system. The third part is theintroduction of the present situation of expert auxiliary system in our country,and analyzes the problems. On the basis, through comparing theextraterritorial legal system to discuss how to solve these problems, perfectour country’s expert auxiliary system in civil procedure.