Study On The Construction Of Expert Witness System With Chinese Characteristics In The Intellectual Property Litigation

Intellectual property litigation usually relate to the technical problems in some professional field, while judges on these litigation only possess knowledge of law. As a result, difficulty exists during hear of intellectual property litigation. In China, we always use judicial identification to solve the technical problems. In recent years, from local court’s juridical practice and the addition of experts appearing in court in civil procedure law, we can see that expert witness system has been introduced in China. At present, expert witness system and identification system are the two major systems to solve the problems of litigation. The application of these two systems is closely related to the culture and the idea of litigation of the relevant countries. China has not formed a sound professional problem solving mechanism in intellectual property litigation, and it is in a stage of reform attempt. The purpose of this paper is to establish a sound and reasonable professional technical problem solving system for our country’s intellectual property litigation through the analysis of expert witness system and identification system and our country’s actual situation. This paper is divided into five chapters:Chapter one is the analysis of China’s intellectual property litigation status. It gives a brief introduction and evaluation to the court’s new judicial practice to solve the professional and technical problems in intellectual property litigation, and makes clear the necessity of establish a sound and reasonable professional problem solving system in the intellectual property litigation.Chapter two and chapter three describe expert witness system and identification system respectively. These two chapters introduce the specific provisions and practices of the two systems, through in-depth understanding of the connotation of the two major systems to explore the merits of our country. Through in-depth understanding of the connotation of the two systems, we try to find out which is worthy of our reference.Chapter four is divided into two parts:compare the two systems and put forward ideas to solve the problems existing in our country. Make clear that to solve professional problems in intellectual property litigation must from the reality. We can combine the national conditions of our country, the existing judicial resources, the existing judicial practice and foreign system’s factors to build the expert witness system with Chinese characteristics.Chapter five carries on the concrete explanation to the expert witness system with Chinese characteristic, including the expert witness system’s connotation, the procedure and the management.The expert witness system with Chinese characteristics is different from the existing systems. This new system combines with the shortcomings of the legal status of our country and the advantages of expert witness system and identification system and the actual conditions of our country. It has practical significance.