长颈鹿之迷
The expert's conclusion needs proved to be true realizing the evidence function through the proper proceduring as one of the legal evidences. However, are tried and determined the way was influenced, our country has not set up relevant lawsuit systems that the evidence is investigated and verified yet by the traditional functions and powers. Party doctrine and adversary system modern lawsuit soul of system, of our country judicial expertise problem that reform solves emphatically one of too. Expert Great Britain American and French department national evidence important component of system in system in witness. Expert refer to permit until their is for answers of question enclosed and help jury not to be lasted those witness complicatedness that prove unables generals to witness because of having expert's qualifications or Witness of the technological question.In Great Britain American and French department country, surveyor serve as general witness come, treat witness to regard as broad sense. System, witness of expert, embody a concentrated reflection of to party lawsuit protection of right determine start right assign, in the cross-examination course to expert's evidence. A lot of problems exist in the judicial expertise procedures to review our country, I pass the comparative analysis method, think that needs to pay attention to the following several respect in the construction of our country's relevant systems: Good at promoting entity's justice with procedure justice, pay attention to guaranteeing telling in the lawsuit right can be really realized of the party; The court should possess the ability to investigate the case fact in the qualification procedure operation which oppose the competition, utilize abuse of expert's evidence and right of the other side of restriction looks rationally.Through determining to our country the procedure proposes the suggestion is as follows: Confirm a surveyor in legislating as witness' legal status of the expert, confirm the party determine that starts content and range of right at the same time, give party engage or trust expert right of witness, strengthen expert witness appear in court system to accept cross-examination, the strong guarantee party puts the right, right of being in know and cross-examination right to the proof, thus establish the proper procedure to protect.
