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在依法治国的背景下,人们对纠纷的解决方法逐渐转变为利用人证、物证来认定争议事实进而做出裁判,然而在诉讼中,面对争议事实本身是专门性问题,或认定争议事实需要解决某专门性问题的情况,诉讼机关和当事人往往束手无策,为了解决这些问题,专家辅助人制度应运而生。然而在司法实践中,专家辅助人的诉讼地位、证据属性都尚不明确,相关法律规定模糊。基于此,本文以专家辅助人制度现存问题为对象,结合当前依法治国的新形势对该制度进行研究。
In the context of governing the country according to law, people gradually shift their methods of settling disputes to using evidences of evidence and material evidence to determine the facts of controversy and then make referees. However, in the litigation, facing the fact of controversy is itself a matter of special nature or the need to determine the facts of the dispute In order to solve some special problems, litigation organs and parties are often at a loss what to do. In order to solve these problems, the system of expert assistants came into being. However, in the judicial practice, the position of legal experts, the evidence attributes are not yet clear, the relevant laws and regulations are vague. Based on this, this dissertation aims at the existing problems of expert-assisted people system and studies the system in light of the current situation of ruling the country by law.