Anglo-american Legal Systems Of The Expert Witness System

Along with the rapid development of science and technology, and further refinement of the professional division of the judicial activities, rely on professionals to resolve the issue has become a worldwide trend in the development of judicial activities. Expert witnesses in the Common Law system is a more mature system, improve the system of rules and jurisprudence, China, the traditional litigation model built on the basis of the identification of the judicial system increasingly unable to meet the needs of the practice, this time, Looking at the world, more expert witnesses from the common law system of its localization. make them adapt to China's national conditions and the litigation culture system can be regarded as a wise choice. Introduction This paper, divided into three parts, about 37,000 characters.Introduction : From these two facts and the law applicable to the inevitable stage in the proceedings, the judges of the facts will inevitably lack of cognitive ability. Experts explained the need for macro intervene in the proceedings, thereby participating in the litigation, experts generally leads Enlightenment forms. This section also has examples of judicial practice in the use of expert witnesses to the reality of the system and achieved good results. tries to judicial inspection of the actual cases that come to a convincing conclusion.PartsⅠ: the first from an expert witness about the selection process, the process is described by its history, explained that no system is a product of history and culture. With the common law system in confronting the gradual formation of parties, expert witness system has gradually become mature and features several common law systems in the world. On the basis of the litigation culture expert witnesses revealed that the part of a detailed analysis of the qualifications of expert witnesses, selected. expert witnesses in the proceedings of the rules of procedure, such as the mining rules, disclosure rules, inquiry rules specific rules for the system of expert witnesses to attempt to trigger a description below. Because our history to come from civil identification system. expert witness identification system and the civil system for comparative analysis expert witnesses will be able to achieve more comprehensive display system features. By comparison, the part of a rational system of expert witnesses to the ills brought on by experts bias analysis, litigation delay, In recent years, the common-law practice of expert witnesses in the judicial system in addressing these issues arise, series of reforms and adjustment measures : experts stressed the priority duty of the court to encourage the use of common joint expert witnesses, courts to control the use of expert witnesses.PartⅡ: On the basis of the above, this section discusses the identification of the civil status and characteristics resolve the issue in its analysis of the functional defects Since China adopted a fixed qualified in the identification of issues, identification of options only in the identification catalog, When the list of professional problems beyond identification, the parties and the judge to a loss. This naturally leads to the necessity and significance of the system from an expert witness. And the introduction of a system of any building, we will need to consider their national conditions and living environment. expert witness system is the product of the parties in confronting the system, and its introduction to China, will be facing many difficulties, But this is not a comprehensive view of the common law practice of copy, but trying to find a meeting point with our litigation system. Based on expert witnesses from the glittering system, the transformation of our identification system.PartⅢ: This is part of the paper focuses mainly to discuss and study the system from the expert witnesses, This article advocates the establishment of an expert witness in parallel with expert system because our traditional litigation system has been established with the identification of abundant resources. If wholesale repudiation is likely to bring a waste of resources, the cost of transplant system; and judicial practice, With the development of science and technology, new technology and disputes continue to emerge. These disputes are often unable to find corresponding catalog in Forensic Identification, that can not be resolved under the existing system of identification; Therefore, in this paper that the legal identification of a clear mandate to identify the issues should be resolved through identification; professional identification beyond the scope of the problem, the parties should be allowed to hire expert witnesses. Meanwhile, the part of expert witnesses and also to identify potential conflicts and parallel system, the discussion and analysis. Finally, Part of this system are discussed in detail in accordance with the expert witness some excellent ideas for reform and improve the system of identification, made in the identification of the commencement of the proceedings, the parties should be given full rights; Identification of eligibility, According to the characteristics of parallel structures should be flexible identified; Identification of the person to testify, is the fundamental guarantee for fair procedures; Identification of the law should take on the legal responsibility of identification; conclusions in the form of rules, The law should be the guiding and so forth.