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Research On The Civil Expert Jury System

Posted on:2014-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J BianFull Text:PDF
GTID:2296330425479329Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy, the development of science andtechnology, the professional division of labor is more clear, the quanlities of the high-techcrime relates to the electronic, network, patent,medicine,architecture, maritime and otherprofessional areas is becoming more and more large, the litigation process should involve allkinds of science and technology, all kinds of professional knowledge.The number of expertsto participate in the adjudication of cases and the frequency of significant growth, and its usein a civil case brought great convenience to the hearing of the case.In judicial practice, thesystem has realized and achieved good results in patent cases, construction contract cases,financial disputes and many other cases.But the reality is that, currently, in our country,doesnot have any legislative experts provisions of the jury system.Defects in the legislation is achallenge to the legitimacy of the expert jury, and it has seriously affected the authority andcredibility of the judiciary.Establish and improve the standardization of an expert jury systembecome the urgent needs of our legislation.The author is based on this and carries out someresearch on the system of expert jury civil.In this paper, through theoretical analysis, some content of expert jury system of civil arerelated, and we have discussed the current situation as well as the need for analysis of theexpert jury system in our country.Extensive reference system in many countries the worldimplement expert jury system, combine with the reality of our country, put forward somesuggestions on the basis of the expert jury system in china.This paper is divided into five parts besides the introduction and conclusion, about fortythousand words.The first part, basic issues of civil expert jury system.The part is to deepen theunderstanding of the civil jury system of experts of the system through the exposition of thebasic concepts.Through conceptual analysis and comparison of related concepts, it is foundthat the comparative advantage of the expert jury system,and where the correct positioningof the experts in the expert jury system is.The second part,the present situation and the existing problems of China’s civil expertjury system analysis.The part, analyze the implementation of the current situation of the jurysystem of civilian experts in China, from the legislative level, as well as the reality in our theexpert jury system.Through the analysis of the status quo to deepen to the expert jury system of civil understanding, found the problem China Civil expert jury system implementation,provide the basis for an antidote against the disease.The third part, the comparative review of the current civil expert jury system.Thissection points common law, civil law, and the third legal systems three angles, select somerepresentative nations, compare its associated systems and regulations as well as the practice,to provide a reference for the building of civil expert jury system in our country.The fourth part, the necessity and feasibility of building the expert jury system in civilof china.On the basis of analyzing the current situation of our country, to find the necessity toconstruct a system of perfect civil expert jury system in our country.Tomeet the litigation development,the judge limited knowledge structure,to change theCurrent Situation of jury system litigation, to improve the efficiency of the proceedingsetc.these all are the necessities of building the civil jury system of experts.The fifth part, the suggestions of constructing our country civil expert jury system suggestion.Onthe basis of the jury system integrated research experts at home and abroad, combined withChina’s actual conditions, puts forward some suggestions to establish the expert jury system incivil in china.Based on the actual conditions of China,compared with foreign related system, adheringto the principle of" from the reality ", I asked the shallow recommend on building a civilexpert jury system in our country.
Keywords/Search Tags:Expert jury, Expert Jury System, Expert Jury System of Civil, Identifier, The expert assistant
PDF Full Text Request
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