专家证人模式与司法鉴定模式之比较

专家证人模式与司法鉴定模式是英美法系和大陆法系在解决专门性事实问题上两种不同的模式。两者在法律文化基础、有关专家的诉讼地位和资格、程序启动、质证、证据能力和证明力上都有很大的不同。然而,由于两种模式都存在其固有的缺陷,近年来各国都在进行相应的改革,出现了相互融合和借鉴的趋势。

Comparison Between the of Expert Witness Model and the Judicial Identification (Expert Testimony) Model

The Expert witness and judicial identification （expert testimony） are two different procedural models used for the proof of special facts; the former is employed in common law systems while the later is employed in civil law systems. There are many differences between these two models , including among others： the basis of the legal culture, the role and qualification of relevant experts, the motivation of procedure, the examination of evidence, the competence of evidence and the capability of proof. Each model, however, has its own shortcomings. As a result, reforms have taken place in many countries, and there appears a tendency of structural melding or adaptation between the two models.