Study On The System Of Expert Attesting In Court

The development of modern technology makes people enhance their capability of understanding the world; meanwhile, provides more effective measures for act concerning proof of litigation. However, it also brings potential barrier to activities of judicial proof, such as the appearance of specialized problems, and reliance on technical means to solve conflicts. The conflict between technology and law highlights the position of expert in the process of lawsuit. How to make the expert play a role in the process of lawsuit, standardize the activities of expert, and make the regulations of law and technology combine harmoniously becomes the starting point of the essay. Through the analysis of necessity of expert appearing in court, by means of method of comparative research, and on the basis of drawing on the experience of legislation as well as judicature of other countries, the essay analyzes the existing problems in the process of participation in the lawsuit, and proposes the assumption of setting up the system of expert advisor. The whole essay is divided into five parts except introduction.Introduction: From the macroscopic angle, the influence of modern technology on the system of law, especially on the proof of litigation is illustrated. Introducing the main role of expert in the process of proof of litigation provides the basis for the establishment of system on expert appearing in court.Chapterâ… : The theoretical foundation and value of system on expert appearing in court. As the basic requirement, it realizes the justice of litigation, guarantee of human rights, and the minimum standard of international law.Chapter â…¡: Research on the system of expert appearing in court in other countries. Through the comparison between common law system and continental law system, the essay points out the edificatory significance of establishing the system in China.Chapter â…¢: The status quo and choice of the system in China. According to the domestic judicial status quo, the system has certain disadvantages, that is, no rights to determine the appearance of expert for the litigant, and the fact that identifier does not appear in court to make testimony. While borrowing experience from other countries, we relates the system to concrete national situation and proposes the determination on choice of the system, that is, the system of expert advisor.Chapter â…£: The concrete settlement of the system of expert advisor in China. The system of expert advisor as a totally new system has no definite regulations in China. On the basis of reference to basic system in other countries, the essay proposes concrete assumption on the system of expert advisor in China. It covers the following aspect: the definition of "expert advisor", the position in the process of litigation, rights and obligations, suggestion of expert, and the effectiveness as well as adoption of testimony, etc.Chapter â…¤: Guarantee in the aspect of procedure and the perfection of legislation for the system. The establishment of the system of expert advisor is the key to the realization of expert appearing in court. Other related regulations are needed for further guarantee, mainly covering three aspects. To be concrete, publicity of conclusion of identification, combination between the reason why to choose the conclusion proposed by judge and the suggestion of expert, and the establishment of regulation on expert appearing in court for information. Specialized legislation is needed for standardization of the system.