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The Identification Of System Of Civil Action In China

Posted on:2008-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L A LiFull Text:PDF
GTID:2206360218960868Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, cases relating to the special field problem spring up in large amount. Appraisement, a measure that dealing with the problems ,becomes more and more important. But, what a pity ,the legislation of our country has not carried out any regulation on appraisement. as a result, the appraisement of our country reveals out a lot of problem. Therefore, Imperative reformation will be needed. Well, the purpose of this article is to give any suggestion to the reformation. There are four chapters to expound this problem:Chapter one :In this chapter, I'll give you a general statement of appraisement of our country and help you distinguish several similar concept .While you read it ,you will understand what appraisement is ,you will get a clear impression of it, so please read it carefully now. when you finish ,you will be interested in it.Chapter two: In this section ,I'll talk about the expert witness, who is able to solve the problem involved the case. His rights and duty are all my topic. You can learn how the expert witness dose his work and what he can get form his work. You will agree that the work of the expert witness is very special. As the appraisement is a important factor of civil procedure ,how and what expert witness dose will greatly affect the judgement. So if he break the rule ,he must be punished.Chapter three is about the procedure .I'll tell you how to choose a appropriate expert witness and the rule he must obey when he dose experiment. It is know to us that appraisement is an activity that only a person who have special experience can do, so we should take action to confine the act of expert witness. Even, the repeated-appraisement will be referred to. I'll express my idea about how to access this phenomenon. Chapter four is the focus of this paper. In this part ,I'll discussed the expertise ,which is a legal proof according to our civil procedural law. It is the offspring of the action of appraisement. By its help, the judge will get the truth of the case and make a fair judgement. But not every expertise could be adopted as a proof, because there may be something wrong with it. So it must has been checked before being handed in court. This chapter will tell how to test the expertise.
Keywords/Search Tags:expert witness, repeated-appraisement, expertise
PDF Full Text Request
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