Anglo-american Legal Systems Of The Expert Witness System

It takes on more characteristics of technique and specialty in modern litigation. The technical issue often acts as the keys to the case inhere. And all the parties often place much more emphases on the proof of the technical ones, with aim to obtain the favorable judgements. Courts in different counties take different measures to deal with technical issues. The mode of judicial system of identification in Civil-law countries, whereas, the mode of expert witness in the Anglo-American law system. Both modes have their own advantages and disadvantages. This article aims to build firm academic foundation for the reform of the judicial system of identification and the establishment of the expert witness institution in maritime litigation, through deep research on the expert witness institution in Anglo-American law.The article introduces the expert witness institution in Anglo-American law, analyses the concept , property and legal character of expert witness, contrasts the concept of expert witness, witness, expert examiner and expert consultant which can be confused. On this basis, mainly in the United Kindom and the United State as an example, the article introduces the legislative overview, theoretical foundation, main content in the expert witness institution in Anglo-American law, especially introduces the qualifications , selection, rights, obligations, responsibilities of expert witness, the question and adoption of expert testimony. In order to make readers having a profound and intuitive impression on the expert witness institution in Anglo-American law, this article briefly introduces the main content of judicial system of identification in Civil-law countries, contrasts the advantage and the disadvantage of these two systems, and points out these two systems emerging the tendency of mutual integration. The last part of this article introduces the status quo of China's judicial system of identification, by analysing the problem of China's judicial system of identification gets the conclusion that China should learn the advantage of the expert witness system to improve our judicial system of identification. And then the author puts forward her own ideals about how to improve China's judicial system of identification, looks forward to benefit the improvement of China's judicial system of identification.