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The Analysis Of Opinion Evidence-a View From Law Philosiphy

Posted on:2008-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2166360242477545Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Evidence, from the aspect of man's reasoning or not, can be classified as fact evidence and opinion evidence, which can also be called expert opinion or expert testimony. Former studies normally focused on the objectivity of evidence, they are more concerned about the study of fact evidence, other than opinion evidence. Courts in China always pay little attention to the use of opinion evidence too. Our country's legal system is more like Continental legal system; our system of opinion evidence is very simple and pathetic. The appraiser system is severely colored by authoritism。But our ideas for trying are changing dramatically, from authoritism to adversary system. The contradiction between the backwardness of the Opinion evidence system and the increase of the proof burden of both parties is becoming more and more remarkable.In view of this question, the author first uses conceptual analysis in the present paper, carries on the meaning of opinion-evidence-related concepts, through focusing, the author had determined that the mean researched object is expert testimony; Then uses the method of comparison analysis to show the necessity of opinion evidence , then through abstract analysis, clears the prejudices and barriers which revolve around opinion evidence : legal truth, lawsuit cost analysis, and the evaluation theory on truth finding, solves the adversary of"layman judging expert". Then based on the analysis above, analyzes the drawbacks in the utilization of opinion evidence, then proposes the corresponding countermeasures.through this article, the author comes to the following conclusions: Opinion evidence is the only and rightful carrier of modern science and technology in the lawsuit process. Law must entrust both parties with enough proving ability, let them have the freedom of supporting their own claims using modern science and technology achievements in law cases. The perfection of opinion evidence system is highly urgent and recommended nowadays.
Keywords/Search Tags:opinion evidence, expert testimony, analysis of law philosophy
PDF Full Text Request
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