Research On The Expert Witness In Civil Procedure

With the development of the society and science, some complex technical facts in intellectual property lawsuits can not be completely comprehended only by judges. Therefore, conclusions of expert evaluations, as one of the evidences, play an important role in the cognizance of the technical issuses. However, any single system possesses its limitations, so does appraising system. Because of the huge technical difficuties in trials of the intellectual property cases and the severe disadvantages of our present appraising system in the cognizing procedure of the technical issuses, a new system should be introduced necessarily, which is the expert witness system. The author, on the basis of which , puts forward the necessity of constituting expert witness system in our domestic intellectual property lawsuits.As to the content, this thesis firstly presents a recommendation of the definitions and characteristics of the intellectual property lawsuits as well as the expert witness system; And then, the second chapter, which summerises the actuality of the theoretical reseach of the expert witness system in intellectual property lawsuits , differentiates the expert witness from common witness and appraiser. Through the comparative analysis of the legislations in the third charpter, we should notice that countries such as British,USA which belong to Anglo-American law system, have already established expert witness system soundly; On the other hand, both Hong Kong and Tai Wan possess correlative regulations on it, compared with which the mainland, as the main part of the PRC, only bears rough and brief legislation, so more rules are urgently required being legislated. Accordingly, though civil law country, we are in great need to learn from expert witness system of thoes countries and areas, on the premise of combining our practice and basing on the delay of actual regulations, to get rid of its disadvantages and make full use of its advantages. Consequently, in the last part of the article, the thesis, which bases on the actuality and the drawbacks of the domestic expert witness system introduced in the fourth charpter, brings forward some suggestions on the development of our domestic expert witness system from four aspects, which are the criterion of being an expert witness, their management, the way they participate in intellectual property lawsuits, the removal and the relief.