Expert Conclusions Certification System Of The Civil Action

Forensic conclusion, as expert opinion evidence, can help the judge find out the fact, and identify whether other evidence is true and reliable. However, it is the professional and scientific property of forensic conclusion that traps the judge into a cognition dilemma in certification. Presently in the civil trials, there is no specific article in the procedural law that applies to the examination and certification of forensic conclusions, nor a written rule on admissibility, which leaves the judge unbound in this process. Which forensic conclusion should be taken in, and how to employ the conclusion to determine the fact are both at his discretion. Ignoring the forensic conclusion's attribution as evidence, the judge tends to be too reliable and credulous to it. The result is the overspreading of abused discretion.The Expert Witness of Anglo-Saxon legal system and the testifying-in-court by forensic expert under continental legal system are good developed rules, prescribing the selection of expert witness or forensic expert, testifying-in-court and the liability of improper conclusion. Also the rules of the two legal systems have been fused in some aspects. The experience and lesson of the two rules in development throw much light on the admissibility of forensic conclusion in civil procedures of China. Many scholars theoretically analyze the certification of forensic conclusion, which comes up with lots of proposals ranging from inner cause to outer, from legal principle to scientific norms. China at this stage shall establish the notion of forensic conclusion as a kind of evidence, which means the judge shall examine it before accepting. On the other hand, we shall derive some specific rules on how to judge a forensic conclusion, in order to guide the judge how to examine it, including the approaches and the standards, etc. The purpose is to pick out true forensic conclusion as is possible.This article studies the certification of forensic conclusion to improve the civil procedure. There are four parts besides the introducing and the concluding parts. The introduction cites a case to state the bafflement of judge and the parties caused by conflicting forensic conclusions, which indicates the importance of the certification. Part One elaborates the theoretical bases of forensic conclusion, its attribution, force and qualification as evidence. Part Two outlines the certification rules and how they work at present. It approaches the rules and the defects therein from the examination modes, the standards, the procedure of interrogation, norms of evidence qualification and evidence force. Part Three compares the certification rules of two legal systems, their merits and deficiencies, and how these are enlightening. Part Four reconsiders the rules on certification of forensic conclusion, and comes up with some suggestions on testifying-in-court, the procedure of interrogation, qualification as evidence, and measurement of evidence force.