On Reform And Perfection Of Experts System Of Our Country

With the constant development of science and technology, the role of judicial appraisal in litigation is becoming more and more important too. However, the current situation of judicial appraisal has incurred series of discontent among people, while expert witnesses exert decisive effects on the justice and accuracy of judicial appraisal. Therefore, the reform and perfection of the experts system should play a very important role in the reform of the judicial appraisal system.By comparative study on domestic and international experts systems and theoretical analyses of basic categories relevant to experts system, this article has proposed the imagination of reconstructing our country's system of experts, in the hope of offering theoretical foundation and system for the reform and perfection of our country's experts system to consult, thus, contributing meagerly to overcoming the confused situation of judicial appraisal in our country and safeguarding the justice and authority of judiciary.Domestic and international scholars who study experts systems generally pay more attention to the evaluations and construction of systems than to the study on basic theory. Originally in the article, by comparative method, the author has analyzed the characteristics, pros and cons, and developing trend of the experts systems in the countries of both the common law and civil law, and by way of inspecting positive facts, the author has analyzed the legislation and operation characteristics of our country's experts system. Besides, regarding justice of the procedure as the ideal, the theory of the parties' burden of proof and adversary system as the foundation, and also by analyzing the nature and characteristics of the right to appraise, judicial appraisal and expert'sconclusion, the author has pointed out that the status of experts in litigation should be parties' witness, on which the author has analyzed the expert's legal characteristics that an expert is a natural person with ability to appraise, entrusted with participation in litigation by the parties. Because of the importance and the extremely low rate of experts' appearing in court as witnesses, in relevant chapters the author has analyzed the theoretical foundation of experts' appearing in court as witnesses, the reason and consequence that experts in our country default to appearing in court as witnesses.