论专家证人制度及其借鉴意义-法律专业毕业论文.docxVIP

ABSTRA ABSTRACT 中国政法 中国政法大学硕士学位论文 论专家证人制度及其借鉴意义 III III IV IV A Study on the Expert Witness and Its References to China’s Forensic Examination System ABSTRACT Expert witness system is a very unique evidence rule in common law countries and it plays a siginificant role in litigation practice.Under the current law of China, the corresponded system is judicial expertise system. China has made great development in judicial reform in recent years, and it has implemented the new Criminal Procedure Law and new Civil Procedure Law since 2013, which has made great improvement in the establishment of the qualification of expert witness, the duty to present in the court, expert assistant and so on. However, there are still some problems existed in the practise and legislation of China’s forensic examination system. Based on this, this thesis will analyse the specific problems of the pracise of forensic examination based on the expert witness system, and try to conclude the loopholes in legislation and the necessity to learn from expert witness system through the link among all thoes problems. In the last chapter of the thesis, author will raise suggestions for the improvement of China’s forensic examination system. The first chapter of this thesis will analyse the theory of expert witness sytem. This part will introduce the concept of expert witness, expert testimony, and elaborate the relations among expert testimony, scientific evidence and lay testimony. The last part of this chapter will analyse the admissibility standard of scientific evidence. The second chapter of this thesis will introduce the advanced problems of scientific evidence. This chapter will introduce the blind obedience of jury to science evidence, and elaborate the consequence process of science evidence and other evidence. The third chapter will analyse the current situation of China’s forensic examination system.This chapter will focus on the new Criminal Procedure Law and new Civil Procedure Law, and in