The Construction Of Examination System Of Expert Witnesses

In fact,the construction of cross-examination system of expert conclusion is based on the pluralistic subjects and narratives of expert conclusion,and the effective cross-examination of expert conclusion can be realized by constructing a dialogue system of multiple subjects.This paper mainly contains three parts,namely the theoretical basis,the present situation analysis,the countermeasure research.The first part,the theoretical basis is the epistemology,through carries on the analysis to the expert conclusion basic concept-the lawsuit specialized question and the expert conclusion,as well as the relationship between them.The essence of the specialized litigation is the fact of the case,while the expert conclusion is the subjective understanding of the fact,and the question of cross-examination of the expert conclusion is actually the test of the cognition.In the course of this research,we have been analyzing from the perspective of principal and guest for a long time,but in fact,the subject representing abstract reason does not exist in the concrete cross-examination situation.On the contrary,in this occasion,there are very different subjects of opinions and judgments.If you say The cognition of abstract reason is subjective,then it has intersubjectivity in specific lawsuit situations.Based on the above analysis,the author tries to analyze the question of cross-examination from the perspective of inter-subjectivity,aiming at the realization of effective cross-examination of multiple subjects under the specific cross-examination scenario,and on the basis of it,the author tries to carry out corresponding countermeasures.In the second part,the present situation analysis is carried out on the basis of theory.Based on the inter-subjectivity of cognition,the emphasis of the present situation analysis is on the investigation of each subject's communication,and mainly on the exchange of opinions in the process of cross-examination.It mainly starts from two aspects: on the one hand,paying attention to whether the parties' information armed is equal or not in the pretrial stage,which is the premise for all parties to realize effective cross-examination.The research of this problem mainly discusses from the aspects of the way and scope of disclosure,and the secondary problem of the lack of disclosure and so on.On the other hand,during the trial stage,attention is paid to the experts' output.Court,expert assistant system research,and trialcross-examination practice.The inter-subjectivity of cognition requires that there can be an effective dialogue between the cognitive subjects,and the appearance of experts in court is the basis to realize the effective dialogue between the experts and other subjects.The expert assistant system is an important way to reduce the difference of professional knowledge between subjects and to achieve the balance of professional power,which provides a guarantee for effective communication and substantive cross-examination.In addition to these preemptive guarantees,there are also specific practices in the course of cross-examination in court proceedings,which will affect the effective communication among the various cognitive subjects.Therefore,face to face cross-examination between experts and experts will also be carried out on behalf of the judges.In 2006,the referee analyzed the current situation of this problem in several aspects.The third part,on the basis of theory and current situation analysis,carries on the countermeasure research,constructs the expert conclusion cross-examination system.The research of countermeasures is corresponding to the present situation research.In view of the problems existing in the analysis of the present situation and combining with the overseas experience,the paper discusses the essentialization of the system of disclosure of expert conclusions,the appearance of experts in court,the system of expert assistants and the cross-examination of expert opinions.The system of disclosure of expert conclusions is mainly carried out from two aspects: the purpose of establishing the system,the presupposition function,the refinement of the rules of disclosure of expert opinions,and the construction of the system of expert witnesses appearing in court mainly from the perspective of the protection of the rights of the parties.The expert Auxiliary system mainly starts from the basic problems That is,the qualification determination,the status of the expert assistant,the opinion orientation of the expert assistant;finally,aiming at the behavior of neglecting the multiple subjects of cross-examination and the dialogue and communication between the multiple subjects in the trial,the corresponding countermeasures are studied.