On The Opinion Evidence Rule Of Civil Procedure

The opinion evidence rule of civil procedure is one of the important contents of the civil evidence rule. It refers to the series of legal rules that governs how to deal with the opinion evidence provided by the witness in civil litigations. The appropriate provision of the civil opinion evidence rule in legislation and the reasonable application of this rule in judicial practice is not only essential to realizing judicial justice and improving the efficiency of litigation, but also significant to quickening the process of civil litigation and realizing the purpose of civil litigation. At present, there is no systematic provision of the opinion evidence rule of civil litigation in the existing legislation. There are merely scattered legal provisions concerning the rule. In addition, the limited provisions are very simple, unsystematic and inadequate. They are impractical and infeasible in judiciary. As to the exceptional cases concerning the opinion evidence of the two legal families, there is no mention at all. In China, the opinion evidence rule of civil litigation has not been attached importance to in the theoretical circle. As a result, the findings of the research are limited and superficial. Since it has become more and more important recently, the further development and improvement of the opinion evidence rule of civil litigation is very urgent in China. The thesis begins with the explanation to the basic implication and the value of the opinion evidence rule of civil litigation. Then it introduces and makes a comparative analysis of the provisions concerning the opinion evidence rule of civil litigation in foreign countries. It further makes research in and discusses on the theoretical basis of the opinion evidence rule. The thesis ends with the introduction of the mature experience of the two legal families for establishing and improving the opinion evidence rule of civil litigation with the characteristics of China.