Study Of The Reliability Of Expert Conclusions

The identified conclusion solves the case's special problem in thelawsuit practice, to correctly recognize case fact, and to full displaysome other evidence proof's power of demonstration, and to examine orjudge other evidence in the case. As the lawsuit proof is the last link, theauthentication had directly decided whether the identified conclusioncan be accepted, or can be accepted in what kind of degree, therefore,"the authentication is the extremely serious and important lawsuit link,the authentication is correct or not directly relates the case's integralprocession whether correctly." Because of the difference between thelegal culture and the lawsuit system, in the English America legalsystem country, the authentication rules are developed, that has theintegrity authentication rule system; but in the mainland legal systemcountry, the authentication rules are short and inadequate. At present ourcountry hasn't certainly authentication rules about specially identifiedconclusion, although, in some legal articles stipulations also involvedthe identified conclusion ability and strength, which could noteffectively adjust the judge's authentication behavior, also could notmanifest the modern lawsuit's value of fair and efficiency. Therefore,learning from the overseas evidence legislation's advanced experiencehas the significant practical significance to unify our country nationalcondition and to construct the consummation of authentication rulesystem, in order to appraise the person to make the science, reasonableidentified conclusion.First part, the basal theory of identified conclusion. The articlestarts from the epistemology angle and proposes two fundamentalcognition question: "Appraises person's opinion to be worth trusting?""Why does judge need to carry on the authentication to the identifiedconclusion?" Based on measuring "the experience return to originalstate theory" and "the foundation principle" and compared the personrole difference between the judge and the identifier, the article seeks the reasonable base for the identified conclusion's authentication, and givesidentified conclusion scientific evidence study localization.The second part, the comparison of judge's authentication on theidentified conclusion. In the English America legal system country theidentified conclusion generaliy called the expert testimony, is regardedas one kind of special witness testimony; But in the mainland legalsystem country and our country, generally considerer as one kind ofindependent evidence. The English America legal system country notonly pays attention to the expert witness's qualifications, but also paysattention in the expert witness's necessity and scientific nature in theexpert testimony forming process. In the factors that affect the experttestimony to be possible in picking, the English America legal systemcountry has formed certain concrete rules through the written law andthe legal precedent, like the abuse of discretion, the Frye rule, theDaubert rule, necessary principle and other legal evidence rules.Mainland legal system country judge picks the letter to the identifiedconclusion in free rules, which give the judge enormous freedom todecide in the judgment evidence. Our country judge appraises person'sexamination mechanism, mainly concentrate into the case in the specialquestion, the appraisal procedure examination, as well as carry on aspectand also on examination through the identified conclusion with otherevidence reciprocities, heron lay the foundation to enhance the writtenfor the third part the reliable elaboration.The third part, enhancing the identified conclusion reliability. Fromstudies judge to authenticate the identified conclusion to embark, thusanalyzing any type the identified conclusion to be advantageous fairly tojudge, is objective, scientifically, which make the judgment, stands carryon the negative thinking in judge's angle on the identified conclusionauthentication, analyzes our country present appraisal system the flawand the origin, the model overseas correlation legislation and thestandard advanced experience, the standard and consummates ourcountry expert evidence to propose constructs the unification the expert evidence system, establishes the unification science the expert evidencestandard, the prevention appraises the person cognition prejudice,consummates appraises the person responsibility restraint mechanism,The standard written manufacture as well as further consummatesappraises the person to appear in court to testify the system to enhancethe identified conclusion reliable and so on to have the model, thusfinally returns to the expert evidence the basic point, which is this articlefinal goal and the home to return to.