On the morning of December 20, 2017, David Faigman, dean of California University Hastings College of the Law, and Keith Hand, vice dean of California University Hastings College of the Law，visited Peking University Law School. Zhang shouwen, dean of Peking University Law School, and Yao yueming, specialist of external office, received the guests warmly.

 

Dean David Faigman first introduced the recent development and future development goals of California University Hastings College of the Law. California University Hastings College of the Law play an important role in the system of the university of California. It is the only independent law school in California and the only one that is not under the leadership of the university of California's board of directors. The advantages of the college are numerous, including the excellent teaching team and the forward-looking curriculum setting in the dominant disciplines including commercial law, science and technology law and intellectual property law. The institute has also made great achievements in the innovation and practice of legal clinics, and the current law clinic project has been established for seven years, providing legal services for several startups. Besides, college is planning to artificial intelligence technology and the combination of legal clinic project, further development of new technology, artificial intelligence can be incorporated into the practice of legal research, and hope that in this respect to strengthen cooperation with Peking University Law School.

 

Dean Zhang shouwen agreed and stressed that the law school of Peking University and the university of California Hastings law school have established a long-term friendly cooperative relationship, and both sides need to further promote the cooperation of featured projects. Peking University Law School has achieved relatively fruitful results in legal clinics and science and technology law. In particular, Peking University Law School established China's first doctorate program in science and technology in the 1990s. Besides, in public law, such as constitution and criminal law, the two sides can also further strengthen communication.

 

scene of the meeting

 

scene of the meeting

 

Then, dean Faigman gave a special lecture on “The Challenges of Integrating of Scientific Research into Legal Decision Making: The American Experience” in classroom 307 of Kaiyuan Building. The lecture was presided over by Prof. Liu yinliang of Peking University law school. Prof. Joseph L. Pratt participated in the lecture as a Commenter.

 

Dean Faigman focused on science, technology and law, mainly introducing the standard and relevant judicial practice of expert witness system and expert witness testimony. American courts, when dealing with cases involving professional content related to science and technology, often find it difficult to make direct judgments because judges lack professional knowledge and practical experience. Therefore, Frye 1923 v. United States case established the “General Acceptance” rules, to measure whether the expert testimony of witnesses in the trial is recoverable. The rules referred to is called the Frye Standard. In the following series of judicial practices, the Frye standard is constantly challenged. In 1993, in the case of Daubert v. Merrell Dow Pharmaceuticals, Inc., the court changed the criteria for the adoption of expert witness testimony. The Daubert Test (Daubert Test) derived from the Daubert case no longer simply examines whether the expert testimony is universally accepted. Instead, it comprehensively measures a variety of factors, including the nature of the scientific theory involved in the case, whether it has been evaluated by a peer reviewer or professional in the field, and are combined with the specific case of the actual situation, determine whether can use the expert testimony.

 

Under the system of expert witnesses, judges do not need to analyze and examine professional content such as science and technology itself, but only need to combine the methods and methods of generating relevant results, which largely avoids the problem of judges making wrong judgments because of lack of professional background. It also promoted the improvement of trial efficiency.

 

After dean Faigman introduced the American expert witness system, the teachers and students at the meeting started a heated exchange and discussion. Including the evaluation of Daubert standards, whether the court under the influence of public policy, technical progress brings new methods will affect the judge, the qualification of the expert witness, and the relationship between the evidence and the fact that it. Prof. Faigman gave a detailed answer, and have a good interaction with the teachers and students.

 

scene of the lecture

 

Prof. liu yinliang presided over the lecture.

 

Lectures review by Prof. Joseph L. Pratt

 

Finally, Keith Hand, vice dean of California University Hastings College of the Law, detailed the history, current situation, research area and curriculum setup of the LLM program in California University Hastings College of the Law. It has long-term cooperation relations with Peking University Law School. Vice dean Hand encouraged students from Peking University to participate in international exchange programs. California University Hastings College of the Law is willing to provide the opportunity for students to study at Peking University law school.