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On The Civil Litigation Expert Witness System

Posted on:2013-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2246330374470057Subject:Law
Abstract/Summary:PDF Full Text Request
Economic, social and scientific and technological development lead to civil disputes in the social life increasingly complex and specialized, complex, new challenges of a professional civil disputes raised by the evidence in the proceedings of civil-speed system.In the present situation, the judge alone has been unable to solve complex technical findings of fact in litigation, as professional issues to resolve civil disputes the identification of system deficiencies due to its own design, and system in the use of the actual operation does not meet designdeviation of the concept, the traditional appraisal system due to the limitations of their own ills can not meet the requirements of judicial practice, litigation specialization and complexity requires a more rational, efficient system to produce. Today, the integration of the world’s two legal systems and draw the general trend and common law countries and civil law countries, evidence of reform in the steady development of useful experience, learn from each other. Our legal system and development of popular civil law countries, the evidence system has been using a system of identification of the conclusions as one of China’s legal types of evidence, therefore, to reform the existing system of evidence, the most effective way is to Anglo-American law countries to draw on the useful experience, the essence of the common law countries, the expert witness system partially removed, and China’s current identification system integration improved. Start from the meaning of the expert witness, expert witness system of common law countries, a comparative study into the feasibility and necessity of the expert witness system based on the analysis of the proposed learn from the expert witness system in China’s civil litigation system concept.
Keywords/Search Tags:Expert witnesses, Expert Testimony, Identification of theconclusions, Cross-examination, Testimony of Mining letter system
PDF Full Text Request
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