On The Construction Of Expert Witness System In Civil Litigation

Our legal system influenced by civil law countries,the regime has been taking evidence as one legal expert conclusion of the types of evidence,therefore,best direction and identification system evidence system reform in China is to study and learn from common law expert witness system of the Department of State.This paper analyzes the expert witness system in common law countries,based on national legal culture and legal systems on the basis of,in general,the Anglo-American system of expert witnesses in litigation to resolve professional problems but has the advantage of a positive role in this It is the role of the advantages of the traditional system of identification are lacking.Therefore,to solve our problem best direction litigation should be a new specialization in the country based on the existing system of identification and to introduce a sound basis,drawing on expert witness system of the Anglo-American countries to build expert evidence system,construct the types of evidence that is expert evidence.The main contents of this paper consists of four parts: The first chapter,an overview of expert witnesses.Among the basic concepts of this chapter expert witness,history,as well as expert witnesses and ordinary witnesses and experts have done the similarities and differences introduced one by one,from the whole of the expert witness system with macroscopic understanding.The second chapter,common law civil litigation expert witness system inspection.Among the advantages and disadvantages of the main content of this chapter and the latest developments in the direction of the common law system of expert witness made a detailed introduction,including the qualifications of expert witnesses,elective,expert testimony and cross-examination and other major content review,more detailed understanding of the relevant provisions of the common law system of expert witnesses,the evidence for the reform of the system provides a reference direction.The third chapter,the advantages of the status quo of expert witnesses and expert witnesses were analyzed in-depth to explore the necessity and feasibility of the establishment of the expert witness system;The fourth chapter,building expert evidence in Civil Procedure.This chapter focuses on the rights and obligations of civil litigation expert witness in the specification,credible expert witness testimony,expert witness rules of procedure as well as the expense of the system and exit mechanisms were constructed,trying to provide help for the improvement of the expert witness system.