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Expert Testimony System Research

Posted on:2009-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:K L LiFull Text:PDF
GTID:2206360248451108Subject:Law
Abstract/Summary:PDF Full Text Request
The expert testimony system is one of important procedural evidence systems. It occupies a very important position in both the jurisprudence theory and judicial authenticating practice. However, there are too many defections in the current judicial authenticating system of our country. Particularly, judicial expert often become "the absent person" in court, and it becomes an essential flaw of our country court's review authenticating evidence. Judicial expert appearing in court to test proof, facing testing of both of prosecutor and defender and the judge's investigating, is the activity that judicial expert provides scientific evidences to the court, and is also a very important way of the court and the parties reviewing justice conclusions to confirm their evidence efficacy, so it is also an important link of the judicial authenticating activity. The system of judicial expert appearing in court to test proof needs a series of assorted measures to insure. After related law in our country only having the principle provisions of "judicial expert should appear in court to test proof", need specific assorted measures still. In writer's opinion, if wanting really to resolve the problem of judicial expert appearing in court to test proof, national legislation agencies should consider as a whole when modifying the laws related to authenticating, and establish safeguard measures to make judicial expert appear in court to test proof. In this text, writer in the foundation of clarifying some basic concepts, beginning with the two law systems' systems of judicial expert (expert witness) appearing in court to test proof, combining the present condition that judicial expert appearing in court to test proof, researches the burning problem that judicial expert appearing in court to test proof to resolve in depth in our country, and put forward the idea of the system of judicial expert appearing in court to test proof adequate to our country.This text is divided into five parts, and the text is about 30,000 words.The first part of this article explains to a series of basic concepts. Hackle concepts of authentication and judicial expert, and generalize characteristics of judicial expert, and also analyze the distinctions between judicial expert and witness in our country, and then elaborate litigation position of judicial expert. Clarifying these basic concepts is a cushion for the writing of post amble.The second part of this article investigates the systems of judicial expert appearing in court to test proof in comparative law. This part firstly analyses the characteristics of the systems of judicial expert appearing in court to test proof in two law systems from litigation position of judicial expert, the rules of judicial expert appearing in court and justice conclusions to adopt to believe, consequences and the sanction measures of judicial experts' absence and jurisprudence bases for judicial experts' absence etc, and then summarizes the common places of the systems of judicial expert appearing in court to test proof in the two law systems. The purpose of studying the common law's " expert witness" appearing in court to test proof and the continent law's judicial expert not appearing in court different each other is to make an effort to look for the common places, and expect to draw lessons to perfect the system of judicial expert appearing in court to test proof of our country from them.The third part of this article introduces the current situation of judicial experts appearing in court to test proof in our country and analyzes its causes. First, the article draws a outline of the current situation of judicial expert appearing in court to test proof in our country with an eye to the careless provisions in regard to the judicial expert appearing in court to test proof and omni presentation of judicial expert appearing in court to test proof in our country, followed by the analysis of the causes of it with an angle of the defection of the related legislation and the deviation of acquaintance.The fourth part of this article reveals the necessity of the judicial expert appearing in court to test proof. First, the article reveals that the judicial expert appearing in court to test proof is the intrinsic requirement of achievement of judicial justice and efficiency, and then puts forward a conclusion that the judicial expert appearing in court to test proof is the vital premise of substantial examination of the testimony conclusion and its substantial significance. Finally, the author draws a conclusion that the judicial expert appearing in court to test proof is the inevitable requirement of the fulfillment of the prosecution-defense systematized judicial.The fifth part of this article aims of the perfection of the judicial expert appearing in court to test proof, and this part is certainly an emphasis of the article. In this part, concrete measures in regard to the causes that the testimonies reluctant to test proof in the court are put forward. First, the perfection of related provisions consists of the clarity of the present duty of judicial experts, the legal consequences and sanctioned measures of absence and the explicated regulations of the statutory circumstances of the exception; second, the perfection of the procedure programming entails the establishment of the initiating procedures and inform system, the setting up of procedural rules of facing confrontation of judicial expert appearing in court; third , the emphasis of the perfection of the property compensation and judicial protection; last, the design of other assorted measures including the neutrality and the diversification which the authenticating agencies should be formed into, the achievement of the socialization of judicial expert and the application of modern scientific and technical payoffs.
Keywords/Search Tags:judicial authentication, judicial expert, expert witness, appearing in court to test proof, justice conclusion
PDF Full Text Request
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