论我国司法鉴定制度的改革与完善——以英美专家证人制度为视角-on the reform and improvement of chinas judicial authentication system —— from the perspective of anglo - american expert witness system.docxVIP

authentication in China, including the starting right of judicial authentication is out of balance；The charge of expert witnesses is disorder；The verification and certification of expert’s conclusion is lack of substantive, which the most important reason is the extremely low rate of experts’ appearing in court as witnesses. Therefore it is of great necessity to reform and improve judicial authentication system in China. Secondly, there is an introduction and evaluation to expert witnesses in the Common law system. The paper demonstrates the characters of the expert witness in the Common law system, then analyzes the advantages and disadvantages of expert witnesses in the Common law system and compares the systems of expert witnesses between the Common Law countries and Civil Law countries. So it is necessary to draw on expert witnesses in the Common law system to build a perfect judicial authentication system in our country At last, the author puts forward her own proposals about the reform and improvement of judicial authentication system in China. Combining the special conditions and the reality of our country, it is necessary to draw on expert witnesses in the Common law system to build a perfect judicial authentication system in our country. The actual conditions of our country do not allow us to copy expert witnesses in the Common law system and it is necessary to circumvent the defects of expert witnesses in the Common law system. To reform and improve the judicial authentication system in our country, the author puts forward her own proposals, including the aspects of starting right, expert witnesses, the expert evidence, expert advisor，such as experts’ appearing in court as witnesses, obligations and admissibility for expert evidence and so on. Key Words：judicial authentication system; expert witnesses in the Common law system; reforms 引 言引 言 二十世纪以来，随着现代科学技术的发展和社会分工的日益细化，人类自 身认识能力的有限性和知识领域的无限性，两者间的矛盾越来越难以调和,导致 社会生活中的每一个人都局限于特定的领域,仅仅能够掌握某一特定领域的专 业知识。这种