Theory Of Expert Witness System In Civil Procedure

With the development of scientific technology and social economy, the traditionalidentification system can not meet the needs of the reality. The specialization of civildisputes put forward a serious challenge to China’s evidence system, so the position ofthe appraisal conclusion in litigation turns more important. The supreme people’s courtissued "About the civil action of some regulation" which established the expert witnesssystem for the first time.But the rules are too simple. To understand expert witnesssystem, This first part define the expert witness and the related concept, then throughthe introduction of common law expert witness system,it summariz the advantages anddisadvantages of expert witnesses system. This second part analysis of the presentsituation of expert witness’s operation in judicial practice in China, points out thedefects of our country’s existing system,further expounds the necessity of theestablishment of expert witnesses in china. At last, I will put forward the preliminarylegislation conception of expert witness system in civil lawsuit, which is based onexpert witness system legislation, the form of expert evidence, the start principle ofexpert evidence, adoption standards of expert witness.