On The Criminal Prosecution Expert Witness System's

Along with the development of science and technology, the aspect of knowledge which the dispute involves is getting broader. The fact pointed that now the specialized knowledge is far away from judge's cognition scope. Because judge cannot reject the referee and also cannot do optional referee, so it is necessary to think out a fair and science way to solve the contradiction in criminal prosecution. Expert witness as a unique legal regime of common law system appears in that situation. As an important exception of opinion evidence rules, expert witness not only has different characteristic to common witness but also has great difference in civil expert system. Now the expert system in China tends to the regulation of civil system, which emphasizes the inquisition of the expert system and the leading role of the judge in the whole procedure. In addition, the legislation in China writes in a very general way and only shows principles. For this reason, we can't find answers of many concrete questions in the law and it also lack of practical operation. All of this above is unable to satisfy the need of practical appraisal and it's hard to guarantee the fairness of judgment result. The expert witness identification system is a kind of legal regime in common law system which function is makes up the specialized knowledge flaw of the judge and helps the court to verify the specialized question which in the case meets. The expert witness just appeared in China civil action at the beginning of the dew clue, but in the criminal prosecution is a scotoma and this kind of situation will not meet the need of the development of criminal justice. Introduce the expert witness system in the criminal prosecution and strengthen to the appraisal conclusion examination, should be one kind of beneficial attempt. This article hoped that through the implication, the nature, the content introduction of expert witness system, compared expert testimony of common law with civil law, compare rules of expert appear in court as a witness in common law with civil law as well as compare the expert witness system between these two legal systems. Then, find beneficial information to China. According to Chinese practical situation and characteristic, establish a system which on the basis of expert includes expert witness and expert institutional framework.