Discusses Some Issues Of Expert Witness System In Civil Lawsuit

In China, the expert witness system has a long history as early as theend of the slave society has produced and litigation services. In the long feudalsociety stage, along with social development and the improvement ofproductivity, the identification of the types and technologies are constantlyenrich and strengthen, once there are a lot of talented people and caseidentification at this time, as long as there is in forensic science.Modern society, the capitalist West has achieved rapid development, thedecline of the feudal society the end of the identification of the level and theexpert system’s development is also very slow, the founding of new China,China’s system of identification of people learn from the expert system for theSoviet Union and other countries and combined with China’s nationalconditions to be perfect to use statistics, there are many deficiencies.With the advent of reform and opening up and socialist development,economic globalization and technological globalization continues to spread,the technological level of China’s economic and social fields has made rapiddevelopment, the society of the masses everywhere are stamped with theemerging the stigma of science and technology. The development of science,the trend is the continuous refinement of the division of disciplines andtechnical classification fields to master the expertise of personnel, the impactof new technologies and products to every corner of people’s lives.People living close to the field of the administration of justice in civillitigation, more and more cases need to rely on the professional scientificknowledge and emerging technologies means an unprecedented challenge forthe judges for judicial judicial functions. The judge did not and can not grasp allthe categories of technology and expertise, the importance of professionals asthe forensic people are put on the agenda.Forensic Identification work related to the fairness of the litigation, implementation, related to the interests of the parties and judicial authority,must have a sound system to ensure the identification of the smooth, efficient,correct. Laws and regulations on the Identification, experts, expert systemshave carried out a series of provisions, these provisions is sufficient to showthe importance and urgency of this system.Two legal expert system has a long history, set a more perfectcombination of the two legal systems of the state system and the judicialsystem comparison and analysis of the process of the expert system, China’sbasic national conditions and learn from favorable factors to avoid adverse orharmful factors, in order to make our system better for civil service.The first combination of the academic community’s view on China’sjudicial system of identification of legal status to be qualitative, then the systemof judicial practice, the existence of eleven investigate, mainly contains theidentification of the principal, the appraiser selected, the withdrawal of expertwitnesses, expert witnesses appear in court cross-examination, repeatidentification and the generation of multiple appraiser extremely hazards,expert legal responsibility. I will carefully analyze the advantages anddisadvantages of the two legal systems, to build a new model to promote therealization of the value of the expert system, and above the problems to beimproved.