Study On The Building Of China’s Civil Litigation Expert Witness

Now, the development of technology leads to the rapid development of all aspects of social life, more and more professional scientific issues are included in proceedings,which resulting in many professtional judicial identity problems.For this reason,civil law system set the expert appraisers system,whereas Common-Law System have adopted the system of expert witnesses. The theme of my paper is to discuss the project to solve the problem of Forensic program by introducing a system of expert witnesses. Firstly, in my article, Ⅰ will introduce the basic concepts of the expert witness system.By the interpretation of the concept of the "experts" in expert witness Ⅰ get that expert witness has flexible qualified, at the same time Ⅰ will make a comparision among the concept of expert witnesses,ordinary witness and the witness in civil law system and analyse. Secondly,Ⅰ will interpret the necessity and practicability to build the expert witness system in China. In this article Ⅰ analysed the appraiser system in China and find that,although it has been corrected many times, it has great defect. So, the expert witness system has been built in civil procedure, compared with appraisers system, the expert witness system has advantage that it can overcome the defect of appraisers system. But the problem is, although the expert witness system has been built in civil procedure, it is empty for regulation. Then, Ⅰ analyse the methode to introduce the expert witness system and the country’s basic condition or state to find a fit project. Finally, I interpret the system design of it. In this part, the main theme is the factor, qualification and position, testimony of expert.The applicable conditions is the coexistence of expert witness and appraiser, it clarified the distinction between the two occasions and conditions and prevent litigation confusion. The Expert must possess the capability in civil procedure.The most critical is to sort out the issue of expert testimony admissible, so that expert witnesses can really become a powerful helper to help identify the facts of the case the judge and find the truth.In a word, in my paper, I analysed not only the defect of appraiser system and adva ntage of expert witness system, but also the necessity and practicability, it is important to built a reasonable framework on base of the condition of China, so that it can combined with our system and fulfill the function.