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Expert Conclusions Certification Issues Study

Posted on:2009-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2206360245976138Subject:Law
Abstract/Summary:PDF Full Text Request
The evidence problem is the core problem of lawsuit, and all lawsuit activity revolves the evidence the collection and the utilization carries on in fact. The modern society swift development, the evidences of lawsuit activity is getting more complex, and the expert conclusion as one kind of important evidence plays more essential role in the lawsuit.But as one kind of evidence forms, the expert conclusion needs judge examine and judge with other evidence equally. At the same time, basic concept and characteristics, evidence traits and lawsuit functions of expert conclusion, also had decided judge should carry on the authentication to it. In this process of law appraisal, judge must examine the expert conclusion strictly according to the procedure rule and the related system's restraint and the basis empirical rule and the logical principles. At present, our country has many problems in the verification of the expert conclusion, like lacking the related procedure system, depends upon the empirical rule also has certain flaw, judge the whole professional quality fine degree is insufficient, and so on. These problems cause judge to achieve the scientific style and standardization with difficulty in the verification of the expert conclusion, making it cannot display the expert conclusion fully the evidence potency.Therefore, how to unify actual situation of our country, analyzing problems of which the expert conclusion aspects exist in our country and these reasons, and aiming at these problems to propose that the improvement of the expert conclusion ,has integrated this article writing content.Considering actual situation of our country, we should consummate and the appraisal conclusion related legal procedure and the evidentiary rules, like consummating the expert to appear in court the mechanism, consummating the appraisal conclusion the questioning witnesses procedure, consummating the authentication rule of expert conclusion, consummating the authentication way of expert conclusion, consummating judgment methods of proof strength of expert conclusion. Only then basing on the perfect legal procedure and the evidentiary rules, we can carry on the correct authentication to the expert conclusion and display the expert conclusion in the lawsuit activity function. Thus we can achieve judicial fair goal fairly by recognizing the fact accurately.
Keywords/Search Tags:expert conclusion, verification, examination
PDF Full Text Request
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