Font Size: a A A

On The System Of Expert Assistant In Civil Procedure

Posted on:2011-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y DongFull Text:PDF
GTID:2166360305481547Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of society, science and technology and economic life of raising the level of diversification, litigation case are becoming increasingly complex and specialized in litigation more and more problems arise, because the judge can not know all areas of expertise for the professional technical problem can not be resolved on their own, thus emerged in Anglo-American legal systems of the expert witness system and the civil law system for the identification of people. However, the two systems model of prosecution and litigation in their respective values under all the pros and cons of each was deposited in the current litigation gradual convergence of the two situations were submitted under the professional support system, hoping to be able to absorb the expert witnesses and expert system based on the essence, for our civil justice system to provide effective reference. This paper is divided into four parts.The first part is an overview of China's civil professional support people. First, the origin of the experts who had assisted a brief introduction, and concept is defined. Second, discusses the establishment of civil litigation in our country's system of experts supporting the rationality and necessity. In which the deficiencies of our identification system was analyzed to explain the establishment of professional support in our country's system, the need - is a strong complement accreditation system is to enhance the effective means of confronting the trial the parties; analyzes the establishment of professional support in our country human system, the legal basis and the important value. This section is a general introduction to professional support to people pointed out the establishment of professional support to people in our system is the trend in the development of China's civil litigation, but also a concrete manifestation of judicial reform demands.The second part is an expert system for supporting people with relevant experts, a comparative analysis of the system. This section of the Anglo-American legal systems of the identification of expert witnesses and the civil law did a brief introduction, and with professional support to the distinction between the comparison between the three fighting for a clearer understanding; professional support to people in our country to establish a system inevitably want to be relevant foreign advanced system to absorb and learn from, this section also the question of how to learn gives the author's humble opinion. The third part is the System of China's civil professional support problem analysis. First, the experts who assisted an overview of the current situation; followed by the system to run problem analysis that may arise and this is absorbed the lesson of foreign relevant expert system, the hope that people in our civil system of professional support to the design and operation of problems that may occur before there is a more sober understanding of it deteriorates further.The fourth part is the System of professional support to the establishment of the overall vision. Several parts of the above analysis, the author of this article the last person on the professional support system to provide the overall vision, this part of the professional support to the qualifications and selection, litigation rights and obligations and responsibilities, legal status, opinions on the admissibility of several aspects of discussed, with a view to establish the system in our country a complete professional support to the System of Civil Procedure.
Keywords/Search Tags:Expert Assistant, Expert Witness, professional Expert
PDF Full Text Request
Related items