环境公益诉讼中专家辅助人制度的解构与完善

Deconstructing and Completing the System of Expert Assistants in Environmental Public Interest Litigation

专家辅助人制度系环境公益诉讼价值得以实现的必要诉讼制度支撑和司法理论体系应对。现行法及司法解释固然存在对专家辅助人制度界定,但与环境公益诉讼司法审判实践应用契合程度仍差强人意。我国环境公益诉讼专家辅助人制度存有主体界定法律模糊、资质认证标准分化、证据效力定位偏差等局限性缺位,制约了当事人辩论权的有效行使,也对法院查明专业问题所涉案件事实形成掣肘。应通过明晰主体资格、完善专业化准入标准、明确意见属性及采信规则等方式对其重塑,以期完善环境公益诉讼专家辅助人制度。

The system of expert assistants is a necessary litigation system support and judicial theory system response to realize the value of environmental public interest litigation.The current laws and judicial interpretations make definitions of the expert assistance system,however,the compatibility with the judicial trial practice of environmental public interest litigation is still unsatisfactory.The expert assistant system for environmental public interest litigation in China has limitations such as ambiguity in the definition of the main body of the law,differentiation of qualification certification standards,and deviation in the positioning of evidence,which restricts the effective exercise of the parties'right to debate and hinders the court's ability to ascertain the facts involved in professional issues.We should reshape the system by clarifying the qualifications of the main body of the law,improving professional admission standards,clarifying the attributes of opinions and acceptance rules,in order to improve the system of expert assistants in environmental public interest litigation.