Forensic Expert System Research

Expert testing system is an important part of the judicial system. As judicial reform deepen, greater demands are made on reform of expert testing system. As the core of expert testing system, expert witness is the focus of the reform. The author makes a thorough approach to all respects of expert'testing system after collecting material about expert testing system in foreign countries, in order to us"e the experience of other countries for expert testing system reforms in China.The dissertation is about 37, 000 words, consisting of eight parts.Part I.A summary of expert. In this part, the author introducesmainly the concept, legal traits and the classification.Part II. A historical investigation of expert witness. The author gives an introduction of the embryonic period, development period and the current situation of expert development.Part III. A compared study on legal status expert. In the part, the author makes an approach to legal status of expert witness in different countries, putting forward that in Anglo-American law system, the expert is "expert witness" and in continental law system, the expert is "judges' assistant'" and in China the expert is "independent participants in the proceedings".Part IV. A compared study on expert qualification system. The author makes an introduction of the expert qualification in the two law systems and also in China. Then, the author puts forward some suggestions on perfecting expert qualification system in China. Establishing vocational qualification system and practicing qualification system.Part V. A compared study on expert selection system. In this part, the author makes an analysis of litigant authorized expert system andjudge authorized expert system, putting forward that judge authorized expert should be established with litigant authorized expert system supplemented.Part VI. A compared study on rights and obligations of expert. In the part, the author makes an introduction of the rights and obligations owned by expert in contented law system countries and gives an analysis of the rights and obligations that should be owned by expert in China.Part VII. A compared study on legal responsibility of expert.Firstly, the author makes an analysis of legal responsibility of expert in west countries. And then puts forward some suggestions on perfecting the legal responsibility of expert in China. Finally, the author makes a detailed discussion on liability fixation principle and classifications of bearing responsibility. The expert is responsible in the following circumstances: making faulty expert's conclusion intensively, destroying expert documents in intention or negligence, and refusing to appear in court. Subjectively, the expert only bears legal responsibilities because of intention or negligence. There are three kinds of legal responsibilities: criminal responsibility, civil responsibility, and administrative responsibility.Part VIII. A compared study on legislation of expert. This part discusses the current situation of. expert legislating. The author puts forward that a united expert testing law should be established.