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A Comparative Study Of The System Of Technical Advisor

Posted on:2011-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:C H ChenFull Text:PDF
GTID:2166360305981472Subject:Investigation
Abstract/Summary:PDF Full Text Request
In order to make response to the unprecedented challenge brought to the fact -determination of cases by the development of today's science and technology effectively,help the people who will decide the fact of cases to get rid of the dilemma of epistemology,conform to the historical transformation of human's activities about judicial proof from irrationality to rationality and realize the effective balance between the justice and efficiency,we must permit experts who have the expertise such as science and technology that can be used to help resolving the special questions of cases to participate in the activities of fact-determination.A technical advisor is not an expert witness or a man to identify something of evidence but a technological expert who not has the identity of a referee who can decide the cases in the activity of litigation.There are some difference between a technical advisor and an expert witness and a identifier.There are some difference between a technical advisor and a referee of cases too. The content of system of technical advisor includes the norms of substance and procedure.And the system of technical advisor is the all of the norms about the qualification,litigation,status,rights,obligations,responsibility and the litigation procedure of the technical advisors .In the view of history,there are centuries from the birth of the worldwide system of technical advisor to now.In the view of region,we can find that the system of technical advisor is a system of litigation who are used by many nations in the world.We are always lack of the profound understanding to the system of technical advisor although it have a long history and a wide existence.There is no consensus in many fields of the system of technical advisor such as the name of the system of technical advisor. And China is confronted with the problem that is how to design the system of technical advisor reasonably in litigation too.Therefore,with the aim to get something useful which can be made use of in Chinese litigation,we need turn our field of vision toward to the system of technical advisor under other lawsuit culture in order to get some new knowledge that can resolve our problem.The system of technical advisor of one country has a close relation with its system of lawsuit and the politics,economy,culture and the history who decide the system of lawsuit.And every country is confronted with different judicial and social problems. So, the system of technical advisor in different country has its features.Whether England,Italy or France,Russia,Japan,the system of technical advisor is carried out in the ligitation activities of these nations.But there is different specific content in different country.In different countries,the subject to hire the technical advisor and the specific functions and rights,duties of a technical advisor are different,and the status and proceeding of a technical advisor,and so on, are different too.However,there is a fact without any controversy that most of countries attach more and moer importance to the role taken by the technical experts in litigation who are different from another technical experts such as expert witnesses,identifiers and referees of cases. A common trend of development of the worldwide ligitation system is that to make use of the system of technical advisor in litigation.In order to make response to the great challenge brought to the fact-determination of cases by the development of today's science and technology and resolve the problems of our judicial identification System, the system of technical advisor is made use of by Chinese ligitation system too.However,whether the legislation or the judicial practice of the system of technical advisor ,there are many problems that needed to be solved at once.We ought to refine the system of technical advisor in civil procedure and administrative litigation.For a series of considerations:to weaken the authority principle color of our judicial identification system,to supervise the activities of judicial identification effectively, to prevent judicial corruption, to enhance the credibility of expert conclusion,to question expert conclusion effectively and to meet the need of handling cases under the new situation,we should turn disadvantage to advantage and to build the system of technical advisor in criminal procedure,although there are many unfavourable factors.Recent years, scholars have play more and more attention to the system of technical advisor,the efforts of research is in a growing speed, although the research is not profound and comprehensive.The writer probes the system of technical advisor under different litigation systems in a comparative method in order to obtain a new useful knowledge.The first part of this article that is the foundation of the full-text discusses mainly the need for the experts of fact-determination.The second part of this article clarifies the basic knowledge about the technical advisor and the system of technical advisor.The third part of this article makes a comparative study on the basis of a detailed research about the system of technical advisor in several main countries.In the last part of this article,the authors turns the theme to the system of technical advisor of China,and resolve our problems finally.
Keywords/Search Tags:Technical Advisor, System, Comparative Study, Fact-determination, Expert, Expert witness, Judicial identification, Identifier
PDF Full Text Request
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