Expert Opinions In A Civil Action

The definition of litigation is a process which usually results in a judge deciding the resolution of the dispute based on the facts and the law. With the development of science and technology, more and more cases will rely on the expert. In the litigation process of expert involved, the common law system and civil law system have developed different expert opinions—expert testimony and expert conclusion. This thesis concentrates in the civil action。Through obtains to the overseas expert opinion in the evidence aspect and the dependent program aspect's contrast to our country's enlightenment, thus in profits from the overseas development experience's foundation to carry on the analysis and the construction to our country's expert opinion. This thesis besides the introduction and the conclusion, the main text is divided four parts, approximately 34000 characters.The first part of this thesis makes a brief introduction of the expert opinion. The first small part angles and so on basis which, goal, way produced from the expert opinion has carried on the definition to the expert opinion. Then the second small part carries on the explanation to the expert opinion in common law and civil law system's manifestations, pointing out the expert opinion in the two legal system performance for witness testimony and the expert conclusion, and in our country it includes the expert conclusion and the expert assistant's opinion. The third small part has carried on the discrimination to the expert opinion and the related concept. The fourth small part has carried on the analysis to expert opinion's function, pointing out that the expert opinion's function is for makes up judge in the technicality question cognitive ability the insufficiency. The fifth part is the expert opinion's value orientation judgment, pointing out that fair and the efficiency is the value goal which the expert advice should follow, and consummates the expert opinion should seek for a balance point in both value.The second part is the comparative review on expert opinion. The investigation is launches from two angles: first, evidence angle static inspection; second, procedure angle dynamic inspection. From the first small part to the third small part, the investigation of the expert opinion is from the evidence angle. The content of the investigation includes legal validity,admissibility of evidence and probative force. The fourth small part has carried on the dynamic inspection to the expert advice, from the expert witness/ appraiser's start, expert's appointing appears in court and so on aspects with the expert to launch the contrast, unfolds the expert opinion under the different lawsuit system's movement environment. The fifth small part points out the common law system and the civil law system to overcome the flaw of their expert opinion, is profiting from opposite party merit. Therefore, our country consummates the expert opinion to consider fully the situation of expert advice's fusion, when profits from the overseas experience must have the choice.The third part is the flawed analysis of our country's expert opinion. The first small part points out the insufficiency of our country's expert opinion from the legislative stratification plane. These insufficiencies are: The natural person does not have the appraisal qualifications; the appraisal startup procedure neglects litigant's lawsuit right; the expert advice is unstable; the expert assistant's stipulation affected its function display frailly. The second small part has exposed our country's expert opinion flaw from the practice stratification plane. It points out that our expert opinion's cross-examination is inadequacy, and the chaotic expert opinion cannot adapt the realistic society.In the fourth part, this paper focuses on building and improving our expert opinion, which is also the key purpose of this paper. In the first small part, I have appraised some theorists' viewpoint, and then i determine our country's expert opinion construction pattern. Our expert opinion's construction should use our country existing resources, which is the identification system. We should classify the identification into catalogue identification and un- catalogue identification. The second small part is the identification system's reformation. We should strengthen the accrediting body and appraiser's management, strengthens the litigant to the appraisal the control and the participation, emphasizes to the appraisal conclusion's cross-examination. The third small part is the expert assistant system's construction, the expert assistant system is also a system the forms our expert opinion, but it is at the supplement position comparing to the identification system. I expand the expert assistant's function and the applicable scope originally and stress the judge's control in order to form a expert assistant system truly.