Research On The Evidence Ability Of Forensic Opinion On Environmental Damage

Through the case analysis of the judicial practice of environmental damage and the comprehensive study of various kinds of literature,this paper explores the judicial practice needs and practical difficulties of expert opinions in the judicial practice of environmental damage.Based on the theoretical basis of the evidence ability system,combined with the uniqueness of forensic opinion on environmental damage,this paper defines the evidence ability of forensic opinion on environmental damage.This paper summarizes and compares the cases in judicial practice of China,and sorts out the problems and related causes in the legality,relevance and scientific reliability of the current review rules of the evidence ability of environmental damage judicial expertise.Starting from the theoretical study of the evidence ability in the civil law system,combined with the study of the rules of admissibility of evidence in the common law system,this paper comprehensively considers the particularity of the forensic opinion on environmental damage,and takes the logical sequence of evidence review as the context,aiming at the formal legitimacy,substantive relevance,scientific reliability and other elements of the evidence ability of the forensic opinion on environmental damage.This paper summarizes and compares the typical cases in current environmental judicial practice of China,analyzes the existing problems and related causes in the review of the evidence ability of forensic opinion on environmental damage in current judicial practice of China from three perspectives of formal legitimacy,substantive relevance and scientific reliability,and actively combines the forms of scientific evidence in the countries of continental law system and common law system.Based on the relevant experience of formal legitimacy,substantive relevance and scientific reliability review,this paper attempts to construct the general rules of evidence ability review of forensic opinion on environmental damage with Chinese characteristics,and make clear the "applicable" standard of forensic opinion on environmental damage from the three aspects of formal legitimacy,substantive relevance and scientific reliability,so as to effectively guide the identification applicant and appraiser.To better guide the judicial practice of environmental damage,it is necessary to define the practical activities of institutions,appraisers and judicial officers.