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Expert Witness System in the Crisis of Adversary System

Cai Ying-hu

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Abstract

The Expert witnesses are playing an more and more important role in litigation with the development of the modern evidence law and scientization will undoubtedly become one of the most significant goals that the evidence law will endeavor to pursue in the new era. Expert witness system,typical evidence system of the Anglo-Saxon legal system,could be traced back to the traditions of adversary system which is now showing signs of continuous decline in the modern Anglo-Saxon countries. This paper delves into the expert witness system in the background of three systems: adversary system,system of concentrated trial and jury system,analyzing how the decline of the three above-mentioned systems would exert its influence on expert witness system and presenting the author's views on where the expert witness system will head in the future and how to improve the legislation on China 's system of expert advisers by referring to the analysis of the advantages and disadvantages of expert witness system and different opinions towards the reform of expert witness system held by the academia and practical circle in a number of countries.

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The Expert witnesses are playing an more and more important role in litigation with the development of the modern evidence law and scientization will undoubtedly become one of the most significant goals that the evidence law will endeavor to pursue in the new era. Expert witness system,typical evidence system of the Anglo-Saxon legal system,could be traced back to the traditions of adversary system which is now showing signs of continuous decline in the modern Anglo-Saxon countries. This paper delves into the expert witness system in the background of three systems: adversary system,system of concentrated trial and jury system,analyzing how the decline of the three above-mentioned systems would exert its influence on expert witness system and presenting the author's views on where the expert witness system will head in the future and how to improve the legislation on China 's system of expert advisers by referring to the analysis of the advantages and disadvantages of expert witness system and different opinions towards the reform of expert witness system held by the academia and practical circle in a number of countries.

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Available abstract

The Expert witnesses are playing an more and more important role in litigation with the development of the modern evidence law and scientization will undoubtedly become one of the most significant goals that the evidence law will endeavor to pursue in the new era. Expert witness system,typical evidence system of the Anglo-Saxon legal system,could be traced back to the traditions of adversary system which is now showing signs of continuous decline in the modern Anglo-Saxon countries. This paper delves into the expert witness system in the background of three systems: adversary system,system of concentrated trial and jury system,analyzing how the decline of the three above-mentioned systems would exert its influence on expert witness system and presenting the author's views on where the expert witness system will head in the future and how to improve the legislation on China 's system of expert advisers by referring to the analysis of the advantages and disadvantages of expert witness system and different opinions towards the reform of expert witness system held by the academia and practical circle in a number of countries.

Key concepts: Witness, Expert witness, Adversarial system, Adversary, Jury, Law, Legislation, Expert system

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