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The Research Of Expert Auxiliary System In China

Posted on:2016-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:N FengFull Text:PDF
GTID:2296330479450880Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Today’s world development has been characterized with economic and technological globalization. As the judge of cases, he/she has to start with a large number of scientific evidence for trial. Science and technology is widely used in judicial proof, which is one of the important characters of modern justice. The parties to a dispute are closely related to the scientific knowledge, scientific methods, but most of litigation participants are lack of these expertise. Lawyers usually deals with legal affairs only, and relying on traditional methods has been difficult to meet the needs of the existing content of litigation, thus increasing the difficulty for judicial review case.The prototype of the system has been roughly outlined in the provisions about the civil action. In 2012, expert auxiliary system was for the first time confirmed as the basic law through the new civil procedure law and the criminal procedure law.Under the background of the age of rapid technological progress, this paper tries to explore and study the expert auxiliary system of our country in a meticulous way by drawing lessons from the same laws and regulations of other countries under the special conditions of our country, thus enriching the system itself in the hope that its role will grow stronger and bigger. This paper analyzes the system in the progressive structure: the first part is mainly about its background research and the status of the study; For the body parts: first, a clear definition of the concept of expert auxiliary people is confirmed through the strict distinction between expert assist people with other similar concepts in the litigation activities; Secondly, on the basis of the clarity of basic concepts, similar expert auxiliary systems of related countries are carried on the thorough research and discussion in the third chapter; Further more, given the present legislation situation of our country and the disadvantages that exist in the judicial practice, this paper puts forward the concrete measures to improve the system of expert auxiliary people.
Keywords/Search Tags:Auxiliary expert, Expert witness, Identification of human, Expert opinion
PDF Full Text Request
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