On Identification Of The Conclusions Discussed

Proceeding into civil judicial reality, this paper will inquire into several problems in civiltheory and practice——one of the seven evidences in civil action which is in the procedureof the proof in expert conclusion inquiry and attestation. To find a set of expertise system which suits present judicial situation in our country, I attempt to study its characteristics from specifications of law in English and American law system and in the law system on mainland. I hope this set of expertise system can impel expertise conclusion to give its full scope in the practice of civil trial.Identification procedure consists of several subsystems: identifier, start of identification procedure,inquiry of expertise conclusion,attestation etc. The operation of each subsystem will follow appropriate procedure regulation.The quality of expertise conclusion depends on the identifier's professional attainments and level. The two law systems each have their own characters about the standard of the identifier's qualification,legal position and witness in a court etc, Our country positively promotes reform of the system about identifier and causes it to move towards the profession and market, and now, identifier's responsibility system has established. On how to confirm the identifier, we have defined the system about the choice of identifier, that is, rely mainly on litigant's choice while judge's appointment subsidiary. This system embodies the principle of litigant's independence and gradually consummates the expert evidence system which the identifier and expert as assistant exist side by side. This will help judges solve the problem better professionally and promote various system reforms to improve the system of expert testimony in our country.With the transition of litigant system from authoritarian to litigant, the right of starting expertise procedure shouldn't only belong to the court but entrust to litigant. Using the experience of certification procedure of the expert conclusion in the two law system and combining China's civil law and trial practice, the certification procedure of the expert conclusion should be reconstructed: establish the procedure of producing expert conclusion before the trail; build up the system of expert testimony's approve in court; improve the...