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Abstract:  Expert assistant innovation originates from judicial practice. Through normative documents approved by the Supreme People’s Court， as well as recognition by law， it has grown into a formal lawsuit system. However， because of some relevant misinterpretation and misleading answers in judicial practice， it is not only difficult to be self-consistent in theory， but also faced inconsistent acts in judicial practice， which really affected the system's normative work. The “Criminal Procedure Law” and the “Civil Procedure Law” were revised in 2012， which had clearly defined expert assistant， but because of its ambiguity， once again it led to the tangled relationships with expert witness in judicial practice. We ought to clarify legislative ambiguous position， and get rid of the non-institutionalized expansion of judicial practice. At the same time， avoid following the terms of expert witnesses in foreign countries blindly. At last， we should form the Chinese mode of the expert assistant.