国外专家证人制度对我国医疗损害鉴定体制改革的启示

Enlightenment brought by the regulations of expert witness in abroad laws to the reform of medical damage appraisal

司法鉴定过程中专家证人制度是其灵魂。就国外来说,大陆法系和英美法系对专家证人制度的规定大相径庭。本文从概念定位、选任和出庭制度等方面比较大陆法系和英美法系在专家证人方面的规定,进而提出完善我国专家证人制度的若干建议。

The expert witness system is one of the most impotent parts of the medical damage identification system. There are lots of difference in expert witness system between the common law system and the civil law system.This paper try to compare the two systems of expert witness from the view of concept, the selection system and theappearance in courts. Some recommendation are submitted in this paper to improve the system of expert witness inChina.