Research On The Application Of Expert Opinion In Litigation

The definition of litigation is a process which usually results in a judge deciding the resolution of the dispute based on the facts and the law. While, with the constant development of modern science and technology, more and more matters involved in litigation, linked with special technology or professional knowledge, go beyond the understanding of average persons (including the judge). Thus, experts in such fields are needed to participate and offer help in litigation. Furthermore, in order to guarantee the proper application of experts' help, expert opinion systems with respective characteristics have been established in various countries; however, problems are still rising and remain to be solved. So in the first part of this article, focus on the limitations of the use of expert opinion in litigation, the approach of "proper requirements with reasonable doubt " to the use of expert opinion is put forward by the author, based on her careful study and analysis. In the second part, in comparison and contrast with various foreign expert opinion systems in two major law systems, reflections made by the author on the advantages and disadvantages of China's expert opinion system both in theory and practice are rather beneficial to its further improvement and perfection. In the third part, as to the reform of China's expert opinion system and four specific measures, creative ideas are presented by the author for its improvement. In the last part, after making careful study and analysis of the practice of "opinion letter by law experts" in China's judiciary system, the author draws the conclusion that "opinion letter by law experts" is not the same as expert opinion and presents her own suggestions to its improvement and reform.