On The Construction Of The Expert Witness System In China's Criminal Procedure

Today's society is becoming more and more knowledge-based. Information, bio-technology, nanotechnology and other modern technological development have been challenging the types of criminal cases, legal structures and procedures, the type of evidence and the judgment of evidence, but also have been offering a lot of opportunities. The level of the democratic litigation, scientific litigation, civilized litigation is becoming higher and higher, and more and more litigation areas require expert evidence. Also, because our country's system is similar to the Identification System of Civil Law countries and do not understand Expert Witness System of Common Law countries as well as supposed, so the existing System of Identification in criminal cases of our country has not been able to keep up with the pace of time. There are many contradictions and conflicts in practice. In view of this, according to the national conditions, and by examining the systems of common law countries and civil law countries, this paper proposes to build the Expert Witness System in the criminal prosecution of China, which aims to improve the ability of judgment of the judges in professional issues, and to improve the protection of the litigation rights of the clients, to supplement the Evidence System and finally to achieve the purpose of proper criminal procedure and justice.This paper is divided into four chapters, and respectively from the Expert Witness System Overview, the characteristics and value of Expert Witness in the criminal prosecution, the relevant legislation and insufficiencies in the existing criminal prosecution, the specific content of the Expert Witness System in criminal Prosecution of China, clarifies the idea of building the Expert Witness System in the Criminal Procedure of China in a systematic and complete way.The first chapter defines the concept of Expert Witnesses and compares the concept with related concepts. Then the chapter investigates the Expert Witness System of Common Law countries and the Identification System of Civil Law countries and compares. Then the chapter primarily discloses their advantages and disadvantages of the two systems. The second chapter describes the characteristics and value of Expert Witness in criminal prosecution, and shows the importance of building' Expert Witness System in the criminal Prosecution of China primarily.The third chapter expounds the Identification System in China, which is similar to the system of Civil Law countries. And then analyzes the problems and insufficiencies of the system, and proposed something that is to be careful in building Expert Witness System in criminal prosecution of China.The fourth chapter expounds the specific content of building the Expert Witness System in the criminal prosecution of China in several aspects, which are the legal characteristics of Expert Witness, the selection of Expert Witness, the way of how an Expert Witness testifies, and admissibility of the Expert Evidence, and the legal responsibility of Expert Witness.