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On The Improvement Of Civil Litigation In The System Of Expert

Posted on:2010-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:W J YueFull Text:PDF
GTID:2206360275964058Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the prompt development of technology,civil litigations have been more and more reliant on the scientific evidences including the conclusion of expert evaluation. Since the judge's lack of knowledge,professional technical problems can not be dealt with on their own,the judge in some countries passed through the assistance of experts to investigate the facts of the case.In the British and American legal system countries, parties who attend court hires expert witnesses to identify issues of professional explanations,judges from mainland legal system countries employ experts.After years of practice,two legal systems are helpful to judge the case but also have insufficiency.Our country present appraisal system are partial to mainland legal System countries,in meets has the specialized detail which judge is unable to verify Voluntarily,the court may entrust the related judicial organization to carry on the Appraisal,but no matter legislate regulation that have or try practice,the congenital deficiency exists has the congenital insufficiency.In the sixteenth item of Some Provisions Concerning Evidence of Civil Procedure issued by the People's Supreme Court,the system of auxiliary expert has been set sketchily.Under this background,to meet the need of trial,the system of expert assessor comes into being.As a new system in civil litigation,the system of expert assessor needs to be further perfected.This article introduces in detail the advantages and disadvantages of the expert witness system in British and American legal system countries.Of the current system in china to identify the existence of many defects and experts were used in practice,the writer proposed the establishment and perfected of preliminary auxiliary system for envisaged.
Keywords/Search Tags:expert assistant, expert witness, expert, the status in the procedure
PDF Full Text Request
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