浅议民事诉讼中的专家证人制度

Shallowly Discusses on the Expert Witness System of the Civil Procedure

专家证人制度是英美法系的法律制度,其功能是弥补法官在专业知识上的缺陷,帮助法庭查明案件中遇到的专业性问题。我国民事诉讼率先引进了类似于专家证人的制度,以补充我国司法鉴定制度的不足。本文试从英美法系专家证人形态入手,分析引进专家证人制度对我国司法鉴定制度带来的影响及其完善的路径。

The expert witness system is a kind of common law system, whose function is to makes up for the judge＇s specialized knowledge defect, help the court to verify the specialized question concerned. Our country＇s civil procedure took the lead to introduce a system similar to the expert witness＇s system to remedy the weakness of our country＇s expert evidence system. This article, from the shape of expert witness system of common law, analyses the influence that it has on our country expert evidence system and brings out some thoughts of how to perfect it.