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The Establishment Of The Expert Witness System In Chinese Civil Procedure

Posted on:2008-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:S F HuaFull Text:PDF
GTID:2166360242459252Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of science and socio-economy, a greater number of technical issues have appeared in law procedure. Although judges can solve law issues by their knowledge, few of them can deal with specialized technical problems on their own. Therefore, experts have been introduced into cases in mostly countries to help judges ascertain facts. Expert evidence in China, however, is merely a kind of expert's conclusion that is neither scientific, nor sufficient.《The regulations of civil action's evidence》, promulgated by The Supreme People's Court in December, 2001, now has the regulation of expert assistants which obviously refers to the expert witness system of Anglo-American law system. Nevertheless the regulation has little use to present problems in juridical practice fundamentally because of its simplicity. In terms of the source of law,judicial system,traditional culture,sources flow of history and etc., we two systems have so many differences that we can't copy each other's expert witness system, but make it adapt for own current civil case model.Nowadays, our reforms of country's judicial system is still underway, among which the evidential legislation has the most supporters and, in civil procedure, the establishment of expert witness system drawn lots of attention. Moreover that's get well thought of try put into practice of expert witness system by part of court in the juridical practice. In order to correctly understand the expert witness system, realize its important role in the procedure, this article firstly defined the conception of expert witness and introduced the development of the expert witness system; In this part I have also studied in the experiences of common law countries. Secondly, I analysis effects and minuses of expert assistants in our evidence regulation, additionally, elaborate the necessity and applicability of setting expert witness system in China by researching on the final target of expert witness and expert's conclusion, the changing of Chinese civil procedure model , the experiments in juridical practice. In the last part of my paper, I made an initial legislative proposition for china's expert witness system from the aspects of its starting principle, the role in law, necessary procedure, rights and duties, etc.
Keywords/Search Tags:expert witness, expert witness system, expert testimony
PDF Full Text Request
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