A Study On The Application Of Appraisal Opinions In Civil Lawsuit In China

This paper revised to civil procedure law concerning the authentication opinions as an opportunity, combined with judicial practice, in view of the existing problems of our expert opinions, put forward the application of our expert opinion suggestion.The full text is divided into four parts:The first part is about the basic theory research of the problem, the expert opinion. First, is the main basic theory overview of expert opinion. First of all, introduced the concept of expert opinion. The so-called expert opinion, refers to the special problems encountered when ordinary people with common sense of life cannot be resolved, the parties and their agents will be entrusted to the special problems with professional knowledge and competence of professionals, to specific problems identified by using professional knowledge of special cognition in the process of forming opinions. Secondly, abstracts the expert opinion of fact finding evidence and scientific, four characteristics of alternative and subjectivity. Second, the specific description of the historical evolution of expert opinion, about the history of expert opinion is divided into two stages, the first is, gestation and delivery stage, this section describes in detail the difference between expert opinion and the testimony of witnesses; the second is the growth and development stage, this part detailed describes the expert opinion of distinction and the written record of the inspection. The. Third, describes the legal basis ’for the authentication opinions applicable:first, points out that the expert opinion is the theoretical premise of discretional evaluation of evidence; secondly, points out that the expert opinion is an important way to safeguard the parties to fulfill the burden of proof.The second part is the comparison of the expert opinion method, from the perspective of application. The first is the suitable appraisal opinions of the continental law system; second is the suitable appraisal opinions of the Anglo American legal system. The whole chapter in law as the foundation, research view is defined as two parts of Anglo American law system and continental law system, and respectively selected relevant system is of representative significance in two legal systems of the countries were introduced, through the introduction and detailed analysis, summed up the universality of the rules, in order to apply to our country expert opinion provides certain reference.The third part is the application of our expert opinion, judge. This section is divided into two blocks, the first is the status quo of China’s civil litigation for expert opinions. The first is about the appraisal opinions of the applicable provisions of laws and regulations; second is to modify and significance of the2012Civil Procedure Law on the authentication opinions; second is the existence of the our country civil procedure expert opinion problems existing in the application of:expert opinions startup settings improperly; supplementary form of evidence appraisal opinion not specified; not clear identification of opinions and expert assistant conflicting opinions identification; identification of human rights protection in the absence of.The fourth part is perfecting the application of expert opinion. This section focuses on the first three chapters, proposed our country at present for civil expert opinion and the problem existed in the targeted recommendations:respectively is two yuan to start the subject construction of expert opinion; supplementary form to increase identification of human statement as the expert opinions; coordination appraiser and expert auxiliary effect of conflicting opinions of legal person establish and perfect the management; specification and identification of human rights protection system for the identification of institutions.