On Judicial Expert Testimony System

Our country are three procedure prescribed appraisal conclusion belong to legal evidence, and all the evidence material must be cross-examined by the court to determine the case facts as the basis, so appraisal conclusion also need after court cross-examination, but in the practice of the appraiser not testify has become a common phenomenon, appraisal Suggestions can't get enough cross-examination. Appraiser court rate is low, appraisal Suggestions on the problems such as the cross-examination formal justice caused negative influence, the judge to relevant facts referee often without court cross-examination, according to the appraisal Suggestions, the damage to the entity justice, of the parties were deprived of the right to confrontation, procedural justice without obtaining effective safeguard. Appraiser testifies the necessity of setting up the system.Based on some bola basic concept basis, from two main legal systems of appraiser testifies system on, according to China's present situation, the expert witnesses testified to our country appraiser testifies solved urgently by some of the problems were discussed, then put forward some suitable for China's judicial practice appraiser testifies the specific hypothesis, the full text is divided into four parts.The first part, theoretically expounds the judicial authentication judicial appraiser concepts such as from four aspects, and analyzed the necessity of expert witnesses testified. Begin from jurisprudential analysis the appraiser testifies are judging appraisal conclusion evidence ability and the inherent requirement of the proof strength, and then from appraiser testifies of legitimacy is program needs, legal demonstration of internal demand, the expert witnesses testified adversary trial is to realize the inevitable requirement of three aspects is discussed, and expounds the necessity of expert witnesses testified.The second part, main lists and analyzes the countries of Anglo-American law system and the continental law system country about judicial appraiser testifies system of the relevant regulations. Inspect all countries in the provisions of the law concerning appraiser, analyses and compares the Anglo-American and mainland legal system country in two aspects prescribed testifies appraiser similarities and differences.The third part, our expert witnesses testified the present situation and reason analysis. First, describes the present situation of expert witnesses testified. Then, this paper analyzes the origin that for the current situation.