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On The Expert Witness System In Civil Litigation

Posted on:2006-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:G X LiFull Text:PDF
GTID:2166360155976902Subject:Litigation
Abstract/Summary:PDF Full Text Request
System of expert witness is an integral part of system of legal evidence for countries with Anglo-American law system. It came to into being with the development and progress of science and technology, meeting the increasing need of modern criminal proceedings disputes.The expert witness participates in the lawsuit in the capacity of witness. He can only present his opinion on the implementation of the legal case, while it is the judge who according to his function and power applies the law to the legal questions in a case.System of expert witness has abundant connotations with series of concrete systems and regulations from subject to the operation of proceeding.All of its concrete systems and norms are designed and run in the legal culture background of Anglo-American law system; and various kinds of systems and measures matching it are also rooted in the legal tradition of Anglo-American law system.In countries of continental law system the surveyor system basically bears similar function with the expert witness system in the lawsuit. Both aim to address the problem of identifying the fact in the legal case concerning professional knowledgeTherefore, this text, by comparison between the expert witness and the surveyor in such aspects as their status, qualification, selection and appointment, right and obligation and civil liability in the litigation etc., aims to find out the advantages and disadvantages of system of expert witness, and the way to draw on the rational component of it so as to improve and perfect the system of surveyor of our country.
Keywords/Search Tags:expert witness, system, surveyor, analyze
PDF Full Text Request
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