对抗制危机中的专家证人制度

Expert Witness System in the Crisis of Adversary System

在现代证据法发展的过程中,专家证人在诉讼中的作用越来越大,证据法的科学化无疑将是证据法在新时期的一个重要发展方向。专家证人制度作为英美法系特有的证据制度,与对抗制传统一脉相承,而对抗制在当代英美法系国家正呈现一种不断衰退的迹象,在对抗制、集中审理制度、陪审团制度这三大制度群下研究专家证人制度,分析这三大制度的衰退对专家证人制度的影响,并结合专家证人制度的利弊,分析各国学界及实务界对专家证人制度改革的不同看法,对专家证人的未来之路及对我国专家辅助人制度的立法完善提出建议。

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 authors 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.