The Research On The Admissibility Of Expert Evidence

Expert evidence on the admissibility issue is the basis of an expert witness system,the common law countries form a set of complete rules on admissibility of expert evidence in long-term development of justice and form a series of exepert evidence system surrounding the admissibility of exepert evidence. There is no feasible provisions on the admissibility of identification conclusion in China's current identification system. Today China's Criminal Procedure introduces a number of antagonistic factors, It is important to improve our identification system, maintain rights and interests of the parties, restrict public authority and establish authority of the judiciary in that the admissibility of identification conclusion refers the admissibility of expert evidence in common law countries. But it is undeniable that China's traditional terms of mandate also has important practical significance. Because of the reality of our country, we are different from the civil law countries, but in renference of the benefits of expert evidence we should also notice the advantage of identification system in civil law countries, and try to find the best interests of our realistic reform program through comparing the expert evidence in two legal systems. Full-text is divided into four parts, about 33000 words or so.In the first part, there is an overview of the system related to the content of expert evidence. The author introduces the concept, history of the expert evidence system, the rights and obligations of expert witness in two legal system starting from the concept of the expert witness. It's a brief introduction of expert evidence system.In the second part, there is a brief description of the admissibility of the expert evidence. The author mainly introduces the admissibility of expert evidence from the concept of the admissibility and the value of the the admissibility of expert evidence, and clear the importance of the admissibility of the expert evidence through the analysis of the value of the admissibility of the expert evidence.In the third part, there is a comparison and analysis of the admissibility of the expert evidence between common law countries and civil law countries. The author introduces the the admissibility of expert evidence in common law countries and civil law countries, and analyzes the reasons of the differences through comparing the differences of the expert evidence between two legal systems. The different status of the expert in different legal systems and the different trail modes decides the different provisions in the the admissibility of expert evidence to a large extent. The author hopes to provide useful references in the admissibility of the identification conclusion through comparing and analyzing the admissibility of the expert evidence in two legal systems.In the last part, there is an exposition of the reform and improvement of China's admissibility of the identification conclusion. First, the author analyzes the admissibility of expert conclusion of our countries from the qualification of the experts, the way to testify, the cross-examination of the conclusion and the examination approach. Second, the author discusses the improvement of our country's the admissibility of the identification conclusion. The author disscusses the improvement of our country's the admissibility of the identification conclusion from the necessity, the general idea and the specific recommendation.