| dc.description.abstract | Along with the development of civilized society and the refinement of division of industry, the social disputes are more complicated than ever and the position of the expert witness in the court is increasingly important. Because the expert witness ′s opinions are often influence trial′s outcome, if the expert testimony is flawed, it will inevitably affect the legality of the judge’s decision. Therefore, how to build a perfect system to make sure the risk of expert witness errors is an inevitable issue that must be focused seriously by our judiciary.
Take the case of ＂ Taipei Metro Random Attack ＂ and ＂ Tom Bear Murder ＂ as examples. There are many disputes that need to be clarified during the trial of the two cases. Such as organization testimony without affidavit, expert testimony interferes judicial power in determination, expert testimony without examination. In addition, compared with the federal rule of evidence in the United States, our judicial system lacks detailed the admissibility standard and review procedure of expert witness, which will prevent the parties or the court from further questioning the expert evidence to ensure the quality of the expert evidence.
Even though the federal rule of evidence in the United States has several advantages for our judicial reference, it is not entirely suitable for our judicial. If it forcibly transplanted into our country, it might cause more judicial issues. Fortunately, Judicial Yuan has already built relevant draft amendment in respond to the issues of expert witness in our judicial. Meanwhile, the draft does not fully quote the expert witness of federal rule of evidence but properly applied part of rule into the revised provisions. This point is highly praised by this article.
Above of all, although this draft amendment is helpful for the settlement of issues of expert witness in criminal procedure, there are still so many unresolved doubts and related derivative problems. For this issue, this article will in-depth analysis and make proposal to the legislator for the legal system reform for future reference. | en_US |