On The Construction Of Expert Opinion Evidence Rule

As a category of Evidence Rule, Opinion Evidence Rule is a very important component of Evidence Law. Generally speaking, it involves how to deal with the opinion evidences provided by the witnesses through the whole process of the litigation. The construction of Opinion Evidence Rule, same as that of Hearsay Evidence Rule and Exclusionary Rule of Illegally Obtained Evidence, is helpful to improve litigation process and achieve litigation purpose. A perfect system of Opinion Evidence Rule includes both the general regulation and other exceptions. As an exception of Opinion Evidence Rule, Expert Opinion Evidence Rule becomes the focus in recent years. The reason is that there are more cases relevant with problems must be resolved by the experts. The expert opinion is a kind of evidence which can enhance the judge's cognitive ability and help him finding out the truth of the fact by resolving some professional problems. That can also enhance judicial efficiency. Expert Opinion Evidence Rule involves Expert Witness, Expert Opinion, Credibility, Professional Rule and other issues. The construction of this rule is very important for the Evidence Law System and judicial practice.My dissertation can be divided into five parts expect for introduction and conclusion.Chapter one:The Outline of Expert Opinion Evidence Rule. This chapter focuses primarily on the basic rule of Opinion Evidence and concept of Expert Opinion Evidence Rule.Chapter two:The Expert Witness and his Qualification. This chapter discusses the definition and qualification of Expert Witness. The emphasis is the qualification which includes the character, status and review of the Expert Witness. And an comparative analysis of the two legal systems is also discussed here.Chapter three:The Credibility of Expert Opinion. This chapter focuses primarily on the criterions of determining the credibility of Expert Opinion, which is also an important part of Expert Opinion Evidence Rule theory.Chapter four:The Professional Rule of Expert Opinion. This chapter is the innovational part of the whole article. Definition and exception of professional problems of Expert Opinion Evidence are also discussed.Chapter five:The Construction of Expert Opinion Evidence Rule. This chapter consists of the present situation and existing defects of Expert Opinion Evidence Rule. Finally, the author's proposal of how to construct the Expert Opinion Evidence Rule System of China is also demonstrated.