关键词:

专家证人, 专家证据, 控制权, 司法改革 ,  ,

Abstract: In the England and Wales, experts played at least the following four roles in court trials: party experts, special juries, assessors and court experts. This development is related to the change of the dominant power of fact-finding in litigation and the establishment and development of the adversarial system. In recent years, the civil justice reform has reshaped the rights and responsibilities of expert witnesses by limiting the use of expert evidence, emphasizing the duties of experts to the court and limiting the application of expert testimony. The “court’s expert” has become the new role and position of the expert witness, and his/her right of selection, qualifications and responsibility have also been transformed. In essence, this change is the gradual strengthening of the court’s control over expert evidence in order to overcome the disadvantages of adversarial system in the UK. In China, the division of the judge’s and the appraiser’s appraisal authority and responsibility determines whether the appraisal process can operate in a healthy manner. In the face of judicial appraisal chaos in recent years, such as “no appraisal, no trial”, “appraisal generalization” and “false appraisal”, the provisions on civil evidence which was promulgated in 2019 have improved the appraisal system. Compared with the relevant regulations in the UK, it can be found that China should further improve the necessity of appraisal entrusting and the validity of self-appraisal, the reasonable positioning and procedure participation of appraisers, and the restraint of judges on appraisers.

Key words:

expert witness, expert evidence, control, judicial reform