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随着社会科技水平的发展,在诉讼中出现的专业性问题越来越多,法官由于自身知识的缺乏对于专业技术性问题无法处理,由此各个国家都通过借助专家来查清案件事实。由于各国的诉讼模式、诉讼理念的差别,专家通过何种方式参加到诉讼中也有所差别。本文通过对域外专家参与诉讼模式的考察,结合现阶段我国的诉讼模式、诉讼理念以及现有制度,构建适合我国国情的专家参与诉讼的模式。
With the development of social science and technology, there are more and more professional problems in litigation. Because of the lack of knowledge of judges, they can not deal with professional and technical problems. Therefore, all countries make use of the experts to find out the facts of the case. Due to differences in litigation models and litigation concepts in various countries, experts also differ in how they participate in litigation. Through the investigation of the participation of foreign experts in the litigation mode and the combination of litigation model, litigation concept and the existing system in our country at present, this paper constructs a model of litigation that experts suit for our country.