Font Size: a A A

The Expert Witnesses To Testify System In China

Posted on:2016-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:F XingFull Text:PDF
GTID:2296330470975381Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the judicial practice in China, the procedure has been the lack of appraiser problem with practical requirements, a very low rate of expert witnesses to testify, the situation has influenced the identification system and the judicial authority in china. In 2012, "Civil Procedure Law" provisions of the amendment, the first detailed, clear identification of the court system and the consequences of not appearing in court, it is a great progress by leaps and bounds, but still slightly shallow, further research is needed to improve the appearance of the path to testify the system identification. The author tries to study this issue, this paper is divided into five parts.The first part, the system of appraiser of the relevant legislation, especially by the new "Civil Procedure Law" revised as the background, summarizes the strengthen the obligation of appearing in court of identification of the background and the necessity of appraiser appearing in the court, has already become the inevitable demand of judicial practice, the introduction of the new law is based on many years of relevant laws and regulations on the previous experience, to make up for the defects in these years, and improve the system of judicial expert appearing in court, is the starting point of this thesis.The second part of the theory of appraiser in court, the concept of identification is a necessary part of the research is to identify the, experts also has a with witnesses and other litigation participation characteristics distinct from, and discuss the identification of the legal status, the discussion in this part mainly as a foundation of the next discussion.The third part, study on the extraterritorial judicial expert appearing in court as a witness, to explore this part enumerates and analyzes the status of litigation, civil law countries and common law countries on the judicial inquiry, negative obligation of legal consequences and other point of view, the mainland and the Anglo American countries of the two legal systems in the testimony of law make a summary of the rules, to our country in the aspects of expert witnesses in the reference to state, provides the system construction practice.The fourth part, with pointed out that China’s current appraiser system problems, now our country judicial appraiser rate is extremely low, the provisions of the expert witnesses conditions are too abstract, the judge of the expert opinion to appear in court as a witness to testify if the blind trust becomes a mere formality, and did not realize the purpose of the establishment of the law, the reason were the major legislation still has some defects, the subjective and objective aspects also have a variety of reasons to be restricted, so that the appraiser is not optimistic.In the fifth part, the analysis of the causes of problems and based on the foreign experience, made suggestions on the perfection of the system of appraiser appearing in the court, from six aspects of the construction proposals, identified court case; perfect the procedure of expert witnesses to the end of the specific content of good; testify in court; perfect the relief mechanism; identification of human rights protection, From various angles to put forward their own proposals.
Keywords/Search Tags:appraiser, appearing in court as a witness, expert opinion
PDF Full Text Request
Related items