Font Size: a A A

On The Establishment Of The Expert Witness System

Posted on:2010-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:X GongFull Text:PDF
GTID:2206360278469782Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Expert witness system is a significant system which can solve technical dispute that arise in suit. It included the Expert Witness who has been educated or trained and has knowledge, techniques and experiences supplied technology or other professional advices that are based on evidence or truth, and provide the expert-evidence and so on. It origins from UK, therefore, It can be considered as a system that is contrast with continental identification system. Regulations of admissibility is the key theory of expert evidence system, it plays a crucial role in several aspects ,including keeping unauthentic evidence away from suit proceeding, realizing law justness and protecting the right of defendants effectively.Expert witness system is the miniature of resistance which is antagonized to lawsuit by Anglo-American Legal System. Both Start of Identification and identification proceeding are written parties' own ticket .Expert witnesses have to be interrogated by parties , judges get to know the truth according to the confrontation on both sides. Rules of identification of the countries which are in Civil Legal System embody authoritarian lawsuit mode, therefore, parties could only propose the application identified-Start and judges hold rights of start and rights of theme-decision and identifier have no direct connection with parties on both sides, in order to help umpire to find truth and to achieve justice. Around the world, both identification system of civil-law system and expert witness System of Anglo-American legal system are tend to ensure the equality and reciprocity among parties. Evidence collection not only pursue the formal equality in law-court, but also pursue more basic equality off law-court. Since law-making in our country have not had perfective rules of admissibility and the judge do not provide enough restriction and censor, this thesis advices to bring verity-identification and value-identification into the existing identification system. Cooperation is coming into our view.By investigating on lawsuit identification status quo and Regulations of admissibility System in our nation, we could draw such a conclusion: lawmaking of identification in our country fail to create a perfect Regulations of admissibility System; the judge do not provide enough restriction and censor about conclusion. in the face of bewilderment and outlet of law identification system and rules of evidence , it is necessary to create integrated identification system and verity-identification and value-identification of expert witness system which are relevant to existing identification systemExpert witness in this country is the technician who is authorized by accuser and defendant or law-officer can help them to identify concludes. Expert testimony can help accuser and defendant or law-officer to form an assured conclude when they face to disputed witness or testimony. Expert witnesses must use their technical in order to help judge to find the truth and judge justly, which is based on truth and appraisers' concludes; Professional witnesses help parties to check authenticity of truth and provide useful professional suggestions. Judge assistant is one kind of new expert witness.Expert Witness System in our country covers five aspects: main construction of professional witness, election of expert witness, obligations and rights, rules of interrogation of expert testimony, the criteria of expert testimony collection.
Keywords/Search Tags:expert witness system, expert witness, judge assistant
PDF Full Text Request
Related items