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More Than Expert Witness-The Chinese Way for Expert Participation in IP Related Trials
|Issue Date:||2019-05-10 10:29:57 (UTC+8)|
Introducing the system of experts participating in trials is part of Taiwan's recent judicial reform. Taiwan's Judicial Yuan is now drafting a bill to provide authorities to this system. China has allowed non-judge civilians to participate in trials for decades, and IP related cases adopting this system are also increasing whereas the practice varies from court to court. This essay discusses issues arising from China's practice relating to expert's participation in trials, such as types of cases permitted for expert participation, scope and procedures of expert participation, rights and obligations of experts and China's unique expert consultation system. This essay also provides first-hand information gathered from the visit to China and incorporates opinions from various sources, as to further evaluate advantages and disadvantages of China's system. Moreover, this essay compares China's expert participation system with that proposed by Taiwan's Judicial Yuan to provide reference for lawmakers on Taiwan. This essay concludes that introducing experts to hear trials will help establish a reliable mechanism for settling disputes, and the new system should consider Taiwan's history and culture, as well as costs to people and courts.
|Relation:||政大智慧財產評論, 1(1), 109-141|
|Appears in Collections:||[智慧財產評論] 期刊論文|
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