Comments On Expert Witness System

"Witness'testimony"and"expert's conclusion"have been stipulated as evidence forms in China civil procedural law, but no expert witness therein. However, we have become aware of expert witness system can not be instead of expert examiner system from he exposed problems during the judicial practice of expert system. Supreme Court firstly made a trial stipulation for expert witness in Witness Institution of Law of Civil Procedure, but very simple and general. For the present, it has been a necessity to formulate China evidence law. To further make expert system understood and promote the future establishment and improvement of the system, the writer chooses the research topics. The first chapter of article distinguishes the expert witness, lay witness and expert, and points out the difference of expert witness and lay witness in the respects of foundation to bear witness, ways, qualification and substitution. The difference of litigation model between two families of law makes a distinction between expert witness and lay witness in the fields of service target, dispatch, impanel and nature standing in litigation; The second chapter of article surveys the problems arising from expert system practice and actual application of expert witness in judicial practice, and demonstrates the existing condition and necessity of setting up expert witness in our country; The third chapter of article builds up them in the regards of subject of expert witness, qualification, launch, impanel and adoption of expert'comments.