On The Issue Of Experts' Civil Liability

In modern society, along with social division of labor day by day fine, the knowledge structure also day by day specializes. Due to Lack of professional knowledge, when people processing the business involves specialized knowledge, they must rely on experts, The experts are who have the professional knowledge and skills, according to the law to obtain national recognition of professional qualifications and licensing practitioners, and provide professional services to the public people. Professional Liability is when an expert in the provision of professional services, because of expert's negligence or intent cause damage to client or a third person, shall bear civil liability.Experts civil liability is called in experts has special knowledge and skills, and obtain a corresponding qualification for service object, and with trust relationship between, forming a service contract relationship. Experts civil liability by the responsibility of breach of contract, tort liability and responsibility confusing distinction.Experts civil responsibility theory foundation have trust relationship, reasonable notice obligation and duty of loyalty. The principal of expert trust first, experts from experts, we should realize the principal qualification to maximize profits. Experts with the duty of care of in the industry is the result of other experts, but compared to the principal made a more promise. Faithful obligations mainly for secrecy obligation and the conflict of interest to circumvent obligations.Experts civil liability to the client into experts to the third party civil responsibility and civil liability. Experts with the contract between the principal and experts on client relationship, but the responsibility is the responsibility of breach of contract, except the constitute infringement liability. Experts to a third person, although the assume tort responsibility with a third person, but no contract relationship between the interests of third parties in accordance with the contract, are also likely to assume tort liability.The existence of professional liability is unreasonable, responsibility principle is not clear, the standard fault identified is not clear, the third party liability is lack of defects. Papers from the legislative model, liability insurance, liability and other aspects of the subject and scope of the specific sound advice.