Research On Expert Witness System In Civil Litigation

The advancement of science and technology has provided a great opportunity to perfect the evidence system, but it also makes some evidential issues specialized. Many professional and specialized practiced questions in the civil litigation are beyond the knowledge scope of the judge, however the judge can't refuse to try a case because it's their job, so the two legal systems each formed identification system and expert witness system. In the trend of globalization of law, both systems learned from each other, and promote a sound evidence system. Our legal system and legal culture are more or less tend to inquisitorial model. There are still some deficiencies in identification system of our country, so learn from the expert witness system can help to improve the civil litigation evidence system. This thesis started from the connotation of expert witness system and the applicable rules, and analyzed the shortcomings of identification system and expert assistant. Then it pointed out that our country has began to use the core essence of adversary system in recent years; there are many laws and regulations have been made; the cases that expert attend as a non-surveyor have increased, all of which have been the bases of establish the expert witness system in out country. The establishment of expert witness system should build specific regulations from several aspects: the quantification of expert witness, the selection and examination, the procedure of admitting testimony of expert witness, and the rights and responsibility of expert witness.