Study On Expert Witness In Civil Procedure

The development of Economic, society, science and technology lead civil disputes more complex and specialized in the society living. The trend of civil disputes Professional presented a serious challenge for our Civil suit Evidential System. Due to its inherent defect in design, coupled with the alienation in actual running ,the identification system for resolving professional problem of civil disputes often violate the system designers'originally wanted . Due to its many inherent disadvantages the traditional identification system for can not meet the needs of practice, so the litigation specialization and complexity of the evidence appeal to a more rational systems. Looking at reform of the world's two major legal systems of evidence of, Reference and integration each other is the trend of reform for evidence systems. China's legal system is impacted deeply by the Civil Law countries, the system has been taken in evidence as our legal expert conclusion, therefore, the direction of reforming our country's evidence and identification system is best to study and learn common law countries'expert witness system.This paper studies and analyses the expert witness system of Common Law on the basis of the legal culture and the legal system of our own country , and makes a detailed description of the qualification, the selection, rights and obligations of expert witness, reviewing and cross-examination of testimony of experts as well as the shortcomings and the latest developments of expert witness system of Common Law,then studies comparatively expert witnesses, ordinary witnesses and identifiers of Civil Law. Through the research on the expert witness systems of Anglo-American states, we can find the expert witness system has the advantage which is lack in the traditional identification system of our country in resolving the problem of litigation specialization, even though it has its own defects. So, the best solution of the problem of litigation specialization is to introduce and learn from the expert witness system of Anglo-American states on the basis of the improvement of the identification system of our own country, which will help us to construct our own expert witness system and to form a new type of evidence-expert evidence.The main content of this paper includes four parts as following:Chapter one, the overview of the expert witness. This chapter introduces the basic concept of the expert witness, history reformation, the nature of the expert witness, the effect of the testimony of the expert witness and the difference among the expert witness, the ordinary witness and the identifier, which will give us a macro understanding in general.Chapter two, The investigation of the expert witness system of the civil litigation of Common Law. This chapter described the main content, defects and advantages, and the latest development of the expert witness system of Civil Law in detail, which includes the qualification, the selection, rights and obligations, reviewing and cross-examination of testimony of experts and so on. Further analysis of the related provisions of the expert witness system of Common Law in this chapter will provide the direction of learning for the reformation of the evidence system in our country.Chapter three, The investigation of the stands quo of the expert witness system of civil litigation of our country. This chapter analyzes and introduces the stands quo of the expert witness appeared in legislative and judicial practice, and explains why the identifier system and the expert witness system coexistent in our country. In a word, this chapter provides the fully foundation for the construction of the expert evidence of our countryChapter four, The Construction of Civil Procedure expert evidence. In this chapter, The author proposes a idea to building the evidence of expert. The evidence of expert bases on our Identification System and improves it. Meanwhile, our country should introduction of common law's Expert Witness System. The new evidence of expert will include two parts: Identification Conclusions and expert testimony.