On The Construction Of Expert Advice On Rules

With the rapid development of our society and technological advances, the development of social division of labor emerged in the more detailed and professional trends. In the litigation area, the Department of indisputable fact involved high-tech, complex professional issues such as application technology of cases has gradually increased, such as traffic accidents, intellectual property and environmental pollution cases,etc. Such cases often involve the expertise that the judges, the parties or lawyers can not understand, because they are lack of the appropriate knowledge or technical background. At this point, the Court naturally need help with expertise or experience in special issues of professionals to explain the facts of the case and then make a reasonable identification. Expert opinion evidence emerged.Existing authentication system is an important part of our expertise rules in our country. Our expertise mainly in the form of expert conclusion, the identification of many facts of the case has played a fundamental role.But in the course of the operation, but also exposed some shortcomings. In this regard, this paper argues for western learning, drawing on common law rules of a more mature system of expert advice, combined with the status of our identification system nowadays, prudently expert make the advice to advance the rule of perfection and development. This article is divided into five chapters:The first chapter, "Overview of expert opinion rule." This chapter discusses the content experts, what is opinion, what is the opinion rules, and made the value of expert opinion assessment rules.ChapterⅡ, "the qualifications and selection of experts." This section focuses on the common law, civil law and the selection of qualified experts, and introduces in this area of our briefing, expert advice for the later system of rules of the status of paving.ChapterⅢ, "Rules of the credibility of expert opinion." This chapter focuses on the rules of the credibility of expert opinion to be considered in four aspects.ChapterⅣ, "our current situation of expert opinion rules." This chapter analyzes the current status of rules of expert opinions in our country from our reality, and points out some of the major drawbacks.ChapterⅤ, "Building a system of rules of the idea of expert opinion." This chapter first proposal of building a system of rules of expert opinions should be mainly based on the identification of currently available evidence to form conclusions, rationalization of its improvement, and then construct our proposed system of expert opinion on a range of vision rule.