Forensic Expert Legal Liability System

The system of expert witness itself is a complete system. Thissystem is composed of a series of system constitutions, such as theexpert witness's qualifications and election, right and duty, as well as thelegal responsibility and so on. Despite the work of expert witness is anaction of demonstration followed by science and technology, it is actionto take evidence with subjectivity and consciousness. So during thewhole procedure of judicial expertise, there will be some wrongdecisions and mistaken decisions for many reasons hard to avoid, thensome harm results will be happened. And when, the expert witnessshould be charged with corresponding legal responsibility. It is compriseof criminal liability, civil liability and administrative responsibility. Theestablishment of legal responsibility about expert witness isadvantageous to the fair implementation of expert testing. Constructionof any legal system must estabnsh the legal responsibilityaccordingly.Therefore, This article draws up from the analysis of expertwitness's concept and the characteristic. It elaborates the main questionsof our country expert witness's legal status and legal responsibility. Touse for reference of the theory and experience of two big legal systemsrelated expert witness legal responsibility, it explains expert witness' slegal responsibility principle, the value goal and the system construction.Then it advocates the suggestions and the necessary measuresconsummating our country' s system of expert witness, which makescontributions to the construction of country' s expert witness legalresponsibility system.The full text is composed by four parts.The first part mainly analyses the concept, the characteristic, thelegal status, the extant question of expert witness legal responsibility, aswell as the significance of establishing and consummating this system.The second part mainly carries on the analysis of expert witness'slegal responsibility in the theory of law. Model theory and experience of two big legal systems about the present situation of the legalresponsibility about the expert witness, in this foundation, Attempts tofind the theory and experience to consummate the building about thelegal responsibility of expert witness.The third part is in the first two parts of analyses and proofs,proposed several suggestions on consummating this system. Firstly, thispart has be clear about the matter of principal of the legal responsibilityof expert witness in China. And then, has be clear about the body ofundertakes of the legal responsibility of expert witness. Finally, also isone of the key point of this article, the writer want to build a systemabout the legal responsibility of expert witness which could suit nationalcondition and the judicial practice. Elaborate form the criminal liability,civil liability and administrative responsibility, the suggestion is clearabout the legal responsibility of expert witness, in order to improve thedevelopment of the expert testing order.The fourth part is an elaboration of establishing the necessarymeasures correlated to our country' s expert witness legal responsibilitysystem. Not only to consummate legal responsibility of expert witness,moreover our country should build the system about the disciple of amaster insurance and the disciple of a master mutually aid, should forma network system of surveillance in multi-levelly, multi- sides, andmulti-angles surveillance.This network system concludes the surveillan-ce of national right institution, the surveillance of administrative organ,the surveillance of judicial organ and the surveillance of public opinion.