Analysis And Reference Of Expert Witness System

On the judgment of the special issues involved in the case, common law countries have adopted a system of expert witness, while China has adopted forensic system.In this paper, author further analyze the strengths and weaknesses of the expert witness system and their self-improvement measures in common law countries on the base of in-depth analysis of the subject elements and the rules elements of the expert witness system. The discussion of the expert witness system helps the analysis of the current forensic system in China which has got significant progress and still had shortcomings. By rational analyzing of the difference expert witness system and our forensic system’s legal proceeding foundation, and the advantages of our forensic system, author propose specific measures to improve the forensic system in our country, such as clearing the appeal of start right before the procedures, identification the rules of auxiliary expert, establishing the admissible standards and completing the range of appraisal opinion by judicial interpretation, so that the judicial system in our country tends to be more scientific and standard. And it also can protect the rights of litigant and enhance our judicial authority.