论英国专家证言的采信规则

The Admissibility of Testimony by Expert Witness in the United Kingdom

专家证人制度是英美法系证据法中的一项重要制度,在英美法系国家的司法活动中运用广泛,意义重大。专家意见既是意见规则的一项例外,也是对抗制诉讼方式的体现。对于专家证言的审查,法庭首先要审查其可采性。可采性的审查规则分别从专家的资格问题、专业知识领域范围、专家证言的"相关性"和专家意见所依据的事实或知识等方面进行了规定。对英国的专家证言采信规则进行分析,从而为中国专家辅助人制度提出可供借鉴的经验。

The expert witness system is an important system in the law of common law system, which is of great significance in the judicial activities of the legal system. Expert witness is an exception to the rule of opinion, which is also an example of how to fight a lawsuit. For the examination of expert testimony, the court must first examine its admissibility. The rules of admissibility are defined in terms of the experts' qualification, the scope of professional knowledge, the "relevance" of expert testimony and the facts or knowledge based on the expert opinion. This article mainly analyze the British expert testimony admissibility rules, thus for our country expert auxiliary system of people's experience can be used for reference.