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随着社会科学技术的发展,在诉讼中出现的专门性问题越来越多,大多超出了法官的能力范围,由此各个国家都通过专家的帮助来解决审判中专门性问题的事实认定。2002年,我国首次在立法上提出了专家辅助人的概念,创设了与鉴定人制度并存的专家辅助人制度。这是立法上的进步,但之后数十年间,专家辅助人制度发展缓慢,至今仍存在规定过于笼统、定位不够全面、发展相对比较缓慢等不足,专家辅助人制度未能在司法实践中发挥其应有的作用。
With the development of social science and technology, more and more specialized problems appear in the litigation, which are mostly beyond the scope of the judge’s ability. Therefore, all countries solve the special recognition of the trial-specific problems with the help of experts. In 2002, for the first time in our country, the concept of expert assistants was put forward in the legislation and a system of expert assistants co-existed with the appraiser system was established. This is a legislative progress. However, the system of expert assistants has been developing slowly for decades. So far there are still some problems such as the provisions are too general, the positioning is not comprehensive enough and the development is relatively slow. The system of expert assistants has not been able to exert its influence in judicial practice Should have a role.