Study On Jury System Of Experts In Trials Of Intellectual Property

With the rapid development of China's economy,and the enhancing awareness of people and the communitytoward rights,the acquisition and protection of intellectual property rights continue to be our attention,the number of intellectual property cases is also increasing,so that the judges work under increasingly heavy tasks.In the judicial practice,due to the large number of cases and vary areas involved may be beyond the scope of the judges' professional and technical expertise,the judge in the process of hearing intellectual property cases,often encounter the lack of the related professional knowledge of thetechnique of intellectual property rights in trial.Judges are carrying a huge pressure,which may reduce the efficiency of the trial.It is of great significance to establish and set up an expert jury system based on the intellectual property litigation in the new era,allowing the experts to enter the trial seats as judges,to assist the judges in understanding the professional knowledge and in making a fair judgment according to their personal expertise and experience.This article wants to studythe application of experts in the case of intellectual property from the history and development of the experts participating in the trial in China.And the article hopes to analyze the necessity of the expert jury system in China and compare with the similar experts participating in intellectual property cases that are being implemented and developed in other countries for comparative study.And at the end to further explore the establishment and development of our expert jury system.The full text is divided into five parts.The first part is going to analyze the basic constitution of the “expert jury system” from the concept of expert jury system,discusses and explores the function and purpose of the expert jury system,and analyzes the meaning and value of the expert jury system in the judicial process.The second part is exploring the realistic basis and empirical foundation of the expert jury system in China from two aspects: realistic requirements and practical experience.And the part is analyzing the possibility of setting up and running the expert jury system in our country.In short,The system itself is in line with the theoretical requirements of China's judicial system of litigation,which reflects the democratic nature of our litigation procedure and provides guarantee for the fairness and procedural justice in the practice of intellectual property litigation in our country,which is in line with the reality of our professional judgment.At the same time,"expert participation" in our country has a longer practical basis.With the practical experience and the accumulation of public opinion,it provides the development and operation of the empirical basisfor the system setting.In the third part,the article mainly analyzes the current situation of the practice of "expert participation in the trial" in China since 1991.And it analyzes the blurred status of "expert" in the judicial practice,the selection mechanism,the rights and obligations;the content of the program is not perfect and other practical issues,in order to facilitate specific measures to improve the specific problems.In the fourth part,it mainly analyses thejudicial practice—the "experts involved in intellectual property cases," —the system requirements and operational profiles—inother places,including the United States,Britain,Japan,Germany.Through the operation of the system outside the advantages and disadvantages of the analysis,it hopes to provide the referencefor our country expert jury system with the development of practices and experience.In the fifth part,based on the basic national conditions of our country,looks at the prospect of judicial reform in our country,the article hopes to put forward some opinions and suggestions on the establishment and perfection of the expert jury system,which mainly includes the expert status of the experts,the perfection of rights and obligations and the selection criteria,the specification of the procedural content of the system and the design of the jury structure.