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Expert Auxiliary System Research In Our Country

Posted on:2015-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2296330461960258Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Intellectual property disputes, environmental pollution disputes, such as network infringement cases of dispute are often closely related to scientific knowledge and technology. People court by expert auxiliary system of the case more and more, but also increasingly exposed many problems. Based on the practice of confusion and exploration experience, we should set out from the system itself set purpose, analyzes the functions of the system at the same time, comparison, analysis, draw lessons from the beneficial elements of relevant experts system, as soon as possible to the specific content of expert system of auxiliary people to enrich and perfect. Specific measures mainly by the provisions of the legislation to the operable to its qualifications should be a more relaxed attitude, clear the effectiveness of the auxiliary one expert positioning and examination standards, in appearance, such as avoiding procedural link made detailed provisions. At the same time, security experts assisted people in litigation have certain rights and assume the corresponding obligations and responsibilities, and make efforts in terms of the protection measures of form a complete set. Through a series of detailed rules for the implementation of the perfect, better play to the role of the expert auxiliary system, realize the procedural justice to promote, enhance the impartiality of the judgment and recognition of the value pursuit. Full text consists of five modules.The first part, introduction. This part of the interpretation identification system in our country is insufficient in the judicial practice and trouble, lead to explore and discover auxiliary people such as expert witnesses outside experts to participate in litigation of the necessity and urgency of reality.The second part, the problem is put forward. This part first elaborated our country legislation practice of expert auxiliary system, and then through the empirical analysis show expert auxiliary system in practice, which leads to expert auxiliary appellation confusion, the eligibility criteria is not clear, litigation status, comments before the court or the dispute open program the legitimacy of the five key points in thinking.The third part, the class experts assist people to participate in litigation practice and thinking. This part around the court in the judicial practice are introduced in combination with regional characteristics and nature of the case in suitable expert jury, expert consultation, dedicated family before meeting to participate in the litigation of complicated practice exploration of science and technology, and made the evaluation, through the demonstration to show the rationality of the expert system of auxiliary people, scientific and perfect expert auxiliary concrete operation the importance of the detailed rules for the implementation.The fourth part, the basic theory of expert system of auxiliary people. This part consists of two plates. Firstly to expert auxiliary system, the necessity of an orientation, create the source of the system is working with this. Secondly, through the two legal system expert auxiliary system of interpretation and evaluation, for our country expert auxiliary system design and the perfect path are given. This part is necessary for improving Suggestions for expert auxiliary system theory premise.The fifth part, in view of the above cases and discourse expert auxiliary system of combining its function positioning, useful experience for reference, practical Suggestions are given. From the subjective requirements and procedural requirements, the rights and obligations and responsibilities, opinions and protection measures on how to construct five aspects to provide.
Keywords/Search Tags:expert auxiliary people, professional technology, procedural justice
PDF Full Text Request
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