Judicia1Expert Appearing In Court To Give Evidence System Research

Judicial expert appearing in court to give evidence system is the judicial identification system important constituent, in the proceedings, judicial expert appearing in court to give evidence not only relates to the trial procedure justice, but also relates to the rights of the case entity justice, our country current judicial expert appearing in court to give evidence system is not perfect enough, the three procedural law for the identification of opinions as evidence form on the express terms, and litigation evidence theory in any evidence must be the cross-examination to as the basis of decision, as the appraisal opinions also need more after cross-examination, but the judicial practice testifies appraiser of ratio is very small, appraisal opinions are not able to after trial cross-examination program, the appraisal opinions adopted to appear too hastily, so this paper from five aspects of judicial expert appearing in court to give evidence system make elaborate and exploration, in order to appear in court to seek expert ways:The first part is the introduction, the introduction part introduces the judicial appraiser testifies the background, significance and value pursuit, and show the research of this topic research methods, the hope serves as research and discussion of this paper a basis and primers, fortunately the basis on further testifies to expert system discussion.The second part is the summary of judicial expert appearing in court to give evidence system, from the Angle of theory in detail the judicial expert appearing in court to give evidence system the paper, on the basis of the analysis of appraiser testifies and witness appearing in court to give evidence is different, and the judicial expert appearing in court to give evidence shall be the institutional foundation detail and analysis, the author hope from the point of view of legal theory in the judicial appraiser to appear in court system rationality and legitimacy.The third part is the judicial expert appearing in court to give evidence system of the extraterritorial investigation, this part mainly lists and analyses the civil law countries and common law countries about judicial expert appearing in court to give evidence of the relevant provisions of the system. Respectively from the appraiser lawsuit status, rights and obligations, the negative legal consequences, accept cross-examination Angle pattern, etc were discussed, analysis and comparison of the mainland and British and American countries of two important legal systems in the appraiser testifies legal requirements in respect of what similarities and differences.The fourth part is the judicial expert appearing in court to give evidence of judicial status and cause analysis, China’s current judicial practice, the judicial expert appearing in court to give evidence of probability is very low, and even appeared in court to testify also become a mere formality, most of them are go through the motions, did not realize lawmakers original legislative intention, investigate its reason mainly has the subjective understanding deviation, objective conditions and insufficient legislation defects reasons.The fifth part is the judicial expert appearing in court to give evidence system of practical value and system construction, in the security expert witness to appear in court under the premise of, with an emphasis on the expert witnesses to appear in court legal obligations and rights, to determine the judicial appraiser status in the suit, the establishment of experts from auxiliary system.