Expert Witness System Of Justice

Civil Lawsuit and related judicial interpretations on the identification of the person to appear and ask the experts made a requirement, However, experts appear to escape the obligation still exists in large, Conclusions can only be read out in court, can not be fully cross-examination. This not only judges, expert knowledge of subjective bias and other reasons, there are objective reasons such as the legal system is imperfect. Identification of the person to appear difficult to identify such problems as evidence of cross-examination on the course of justice a mere formality adverse effects:On the one hand, the judge makes judgments on the facts of the case are based on an identification evidence without cross-examination, the violation of substantive justice; the other hand, the right of the party's cross-examination was simply read out the identification of alternative conclusions, due process can not be guaranteed. Expert witness to establish a sound system of a modern judicial system reform, the promotion of an important part of justice. Based on the expert analysis of the problems appear, and learn from foreign judicial experience, such as the system of procedural justice based on expert to testify in court trying to build the basic framework of the system. Besides the introduction and conclusion, are divided into four parts.The first part is an overview of expert court system. Forensic clear, the concept of judicial experts, discusses the historical evolution of judicial appraisal system to define the scope of judicial appraisal. The significance of expert testimony from the perspective of expert witness perspective of the need for justice, for the theoretical basis discussed below.The second part of Judicial Investigation expert witness system and enlightenment. By common law "expert witness" expert system and the civil law system of exposition, analysis and comparison of two legal expert system in the pros and cons, to seek suitable expert system, our judicial construction of useful experience.The third part is Court Examination Forensic Status and Causes. This part from the identification of people do not know, rights and obligations is not clear, the provisions of imperfect legal liability point of view discussed Judicial Court Examination of the status of identification. China's current legislation on the judicial court system requires expert introduces and analyzes its lack of a complete theoretical research and legislation changes, which do not fit the limitations of litigation for the last part of the study, serve.The fourth part is to improve the appearance of our judicial system, the concept of expert. This part of the focus of this article as part of the design rules from the system basis and build a comprehensive system of judicial experts to testify in court. Procedural rules-based support system design needs, This article procedural justice, direct words to testify as an expert system based on implementation in system design to finish. In analyzing the reasons for problems, learn from foreign experience, based on seven aspects from the proposal of building a justice system of the proposed expert witness:System established conclusions excluded; Clear exceptions expert to testify in court; Establish expert advisor system; Court Examination to establish identification of the economic compensation system; Improve the expert system of protection; Perfect expert to testify in court rules of procedure; Expert testimony to establish the training system.