The Construction Of Expert Witness System In China In The Intellectual Property Litigation

Expert witness system is the Civil Procedure Law of the content, but as intellectualproperty law and civil law be intimately tied up with the often also the involved, in thecontinuous development of science and technology today, intellectual property cases oftenrelates to the technical problems in some professional field, under this background, thesystem of expert witness and to solve technical problems of litigation in the beginning wasthe intellectual property rights theory circle and practice circle of our attention. Ourcountry is now in the civil procedure law and intellectual property litigation has not theexpert witness system legislation, but in judicial practice of intellectual property in ourcountry have been applied to the system of expert witness, for example, some courts havebeen used in intellectual property litigation expert witnesses and introduced a number ofreform measures to implement the expert witness the system, although it appears to havehad good effect of these measures in intellectual property litigation, brought some benefits,to intellectual property cases but if things go on like this, will cause a series of problemsdue to the lack of regulation and operation of the system, my paper is in view of thissituation, the idea of expert witness system into me in intellectual property litigation, but Ialso see, the system of expert witness is the product of Anglo-American law system, so inthe process of introducing the system we should withhold its, and China’s appraiser systemalso has the advantages of expert witness system can not be replaced, so I assume theexpert witness system and identification of human system combine to form the expert--identification, mode, and puts forward to our knowledge in this paper Knowledge of theexpert witness system property litigation in the legislation idea.