Comparative Study Of Identification Evidence In China And American

The expert witness and judicial identification (expert testimony) are two different procedural models used for the proof of special facts; the former is employed in common law systems while the later is employed in civil law systems. There are many differences between these two models, including among others: the examination of evidence, the competence of evidence and the capability of proof. Each model,however, has its own shortcomings. As a result, reforms have taken place in many countries, and there appears a tendency of structural melding or adaptation between the two models.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 system.The judicial authentication opinion in a proceeding with dual function:one as a judicial proof means, it is a kind of legal evidence; Second, because of its science, a science of other evidence authentication, supplements and strengthen the important role. Appraisal Suggestions to help the judge in ascertaining the facts and evidence to clear up the relationship, clear responsibility and correctly apply the legal aspects of function and advantages.Many foreign countries about the testing system and Chinese judicial qualification system still has very big different, so we need to study the practice of the United States through in order to perfect the system of the general discrimination, which the country's law to get really realize.In view of China's existing appraisal system in major defects, such as appraisal organization set up confusion; Appraisal subject limited to unit, eliminate the natural person as expert witnesses; Appraisal organization the selected unreasonably exclude the autonomy and so on, make an expert witness system is just make up for the advantage of the medicine of the defects identification system of fact judgment and value judgment.China and the United States in the judicial authentication system model, the location of the expert witnesses, retaining existing on such problems existed many differences. And both in legal culture foundation, concerned expert appraiser status in the suit and qualifications, starting the program, cross-examination, evidence ability and the proof is very different. However, because two modes are the existence of its inherent defect, in recent years, countries are in the corresponding reform, the emergence of a mutual confluence and blending with the trend of the reference.This paper focus on the two model proposed by the comparison of the two the identification system are analyzed and summarized. Detailed analysis of the connotation of Common law system identification system, internal concept and the relevant system Settings on the base, the appraisal system, the expert witnesses, and the expert witness, and other aspects of the internal rational connotation and the judicial practice the disadvantages of the concrete in this paper. To the judicial authentication system are analyzed and summarized.From expert witnesses to, appraisal institution, identifying program, appraisal conclusion the adoption of rules Angle arc analyzed and summarized and compared. And in the current system condition, the paper discusses how to absorb Anglo-American law expert system of rational composition, and reform and perfect our country's identification system put forward some ideas. This article through the five most for analysis. The first part briefly explain the material evidence of identification system concept and the two countries different definition. The second part introduces the appraisal organization management system analysis two different mode appraisal organization management characteristics of and Settings. The third part is the comparison of the system of expert witnesses, for the selection of expert witnesses and of the title of differences between the analysis and introduced the cause. The fourth part puts forward the evidence of the effectiveness of different, and put forward the construction of our country is the idea of the evidence rules. The fifth part is the Top priority of this paper. Through the analysis of the above mainly puts forward the perfect our country's identification system of a few big path. Including the identification of the right to start setting, Expert witnesses to the improvement of the election, The introduction of the system of expert witnesses and the construction of the Chinese judicial qualification of the scientific, neutrality security model.