Research On The Rules Of Admissibility Of American Expert Evidence

Through years of jurisprudence,the United Statesadjusts its rules of admissibilityand provides practical and effective guidance on how the judges of the judgments in the courts examine the opinions provided by judgment experts,On the issue of expert evidenceconstantly.At present,China's judicial reform,bear the brunt of the reform of the trial mode,the improvement of the evidence system is its top priority.In the face of expert evidence in the increasingly extensive application of litigation activities,how to rational use the role of expert evidence,the key lies in the judge who plays the role of gatekeeper,that is,the judge on the admissibility of expert evidence review.From this point of view,the change of the admissibility's rules of American expert evidence is of great significance to the reform of our country's appraisal opinions.This paper analyzes and reconsiders the corresponding part of the expert evidence system and the appraisal opinion system from the perspective of comparison and the rule of admissibility of evidence.On the basis of combing the reform measures and the effectiveness of the United States,Theauthorput forward the suggestions for the present situation of our country's appraisal opinions.The paper is divided into three chapters.The first chapter is the relevant outline of the expert evidence system and mainly discusses the concept of expert evidence.The differences between expert evidence and traditional evidence,and the difficult problem of expert evidence in admissibility.Expert evidence is actually an expert with the help of science and technology and knowledge of professional issues to explain.It is a convincing interpretation for the judge.To a certain extent,the adoption of expert evidence in the court is directly related to the identification of the case and the application of the law,and sometimes the decision of the case has an important and even decisive impact.However,the expert evidence is essentially the expert's opinion,is a speculation,can not be completely correct.Whether it is Anglo-American law or civil law system,it is imperative to pay attention to the reliability of expert evidence.The second chapter mainly uses the method of case analysis to discuss the reform of the United States on the adoption of expert evidence.The United States established the admissibility criteria for the standard of expert evidence through a number of typical cases and events and has a lot of inspiration and reference for our country.In particular,it attaches great importance to the substantive examination of expert evidence and enhances the confrontation between the prosecution and defense.Of course,to recognize that these rules are not perfect,there are problems.It is also necessary for us to reflect on the problems that exist in our review of the identification of opinions.The third chapter mainly dealswith the reality of the system of judicial authentication in China,particularly the problems of admissibility and the ways to reform.Theauthor macroscopically analyzes major problems existing in the system,and summed up the main issues.Of course,when learning from successful experiences in admitting expert evidence in foreign countries,we should consider China's existing national conditions.Reasonable construction needs to follow the corresponding principles and path,and we can through proper procedure to reform the rules of admissibility.