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On The Improvement Of The System Of Identification

Posted on:2009-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:S YanFull Text:PDF
GTID:2166360245481531Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of science and technology, more and more litigation related to the field of science and technology, physics, chemistry, biology, medicine, but also in the social division of labor is increasingly refined, professional businesses are very obvious, kind of a variety of scientific or professional problems facing the front of the judges. Judges, lawyers, and so is a legal experts in the field, rather than dance expert, on the issue of highly professional them at a loss. This requires a judge to help understand the main scientific issues related to the facts of the case, expert witnesses have emerged. In common law countries known as an expert witness in the civil law countries called experts. With their own specialized technical expertise on the issue to express their views or conclusions, in order to enable a judge to a proper understanding of a variety of specialized issues, the judge make up for lack of knowledge and experience to help judges found true, the fairness of the realization of a magistrate. Therefore, the expert witnesses and experts in the rules of evidence plays a very important role in the achievement of justice and efficiency of the proceedings is of positive significance. However, expert witnesses and experts have a difficult to overcome their own shortcomings, civil law countries and common law countries gradually integration of these two systems from each other to improve their own expert witnesses system or expert system. Based on the identification system, the status of the review, analysis of the system of identification of the various deficiencies, especially the above functions and the courts Testimony mechanism defect. Then on the common law system of the country in the pros and cons of expert witnesses, the introduction of expert witnesses in our system is optional. Finally some of the ideas put forward its own in the country's two main established to identify expert witnesses for the human core of the dual-structure support, and to the relevant provisions of the two systems to be perfect.This paper specifically through standardized analysis and the analysis of the case study method, summary and analysis of the anglo-American system of expert witnesses, expert witnesses functions (Legal) attributes and define the status of the proceedings, and the qualifications of expert witnesses, the parties hire / selection of expert witnesses rights and restrictions, expert witnesses and legal responsibilities and ob ligations of expert evidence Testimony and believe the content of the principles described in detail, this paper BAR expert witness system of their own unresolved conflicts. In this paper, the Anglo-American system of expert witnesses more detailed analysis, and research discussed on the basis of the comparison method used standardized methods and the analysis of the method, the identification of a similar system for the analysis of the status quo, with the expert witness system Contrast that our identification system and the lack of systems based on the research of expert witnesses, identified by the resolution of China's reform of the systems of ideas.
Keywords/Search Tags:appraiser, conclusions of appraiser, expert witness, expert comment
PDF Full Text Request
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