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On The Significance Of The Expert Witness System And Learn From China Maritime Trial, Under The Common Law

Posted on:2008-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:W JiFull Text:PDF
GTID:2206360242469854Subject:International Law
Abstract/Summary:PDF Full Text Request
The rapid development of science and technology is incentive to setting up a tie between the modern litigation and science and technology. Under the common law system, the establishment of expert witness system is one of the solutions to disputes arisen in special area. Expert witness system has been developed for a long time, from which abundant theoretical knowledge and experience are worth learning especially in the process of dealing with legal proceeding in marine cases. It is necessary to perfect maritime trials in China by referring to expert witness system in order to establish our own maritime trial system satisfying China's characteristics.This article starts with discussion of the significance of expert witness system. At the first stage, an introduction for two important concepts is going to be produced named as expert evidence and expert witness respectively; at the second stage it is going to examine the incorporation of expert witness system into legal practice by referring to a famous case of The Ikarian Reefer, including three benefits of the expert witness system, three difficulties and the solutions. On one hand, the appointment of a expert witness, the approval of expert evidence and the quotation of expert deposition are three demonstrations of the benefits of the expert witness system, on the other hand, it is inevitable that there are some difficulties in relation to the system's reliance, objectiveness and justice, the relationship between expert witness and judge, and the measurement of litigation's cost, efficacy and value. As far as the system's merits and demerits are concerned, this article is going to observe the good points and find solutions to the difficulties. Finally, based upon the analysis as the previous parts of this article a conclusion is going to be produced i.e. a comprehensive expert system in maritime trial in China is necessary to be established as expert witness system-judicial authenticators-expert juror. In legal practice, it is very rare to bring expert juror into real world so that it is suggested that by connecting people's jury system in China with expert system on the basis of trial consultant in English court the three systems as aforesaid are being improved step by step in order to constitute a China's own expert system.
Keywords/Search Tags:expert evidence, expert witness, maritime trials, expert juror
PDF Full Text Request
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