On Expert Conclusion Of The Dispute Resolution Mechanisi

With the conclusions of the evidence in the field of judicial practice in China isplaying an increasingly important role on the conclusions of the evidence used by theexistence of a large number of issues are also increasingly evident, the most prominent isthe judicial practice for two or more professional issues of the conclusions of the samedispute between the trial and in the end the parties are unable to determine whichconclusions should be applied, thus resulting in the facts of the case can not determine thestate, which is not conducive to the settlement of cases, and serious damage the judicialauthority, therefore, must be studied on this issue and put forward suggestions.Controversial conclusions by a variety of reasons, first of all, conclusions of theirown property is to identify the root causes of a dispute the conclusions; Secondly,conclusions of the implementation there are a lot of unreasonable imperfect system;Finally, conclusions applicable rules applicable in the present system and the irrationalfactors. All of these factors led to the identification of common occurrence controversialconclusion.The reason for this complex, the author through three steps to resolve this problem.First, sort out the controversial conclusions of their basic meaning and attributes identifiedfor the further settlement of the dispute lay the theoretical basis for a conclusion; Second,in-depth analysis of the causes and resulting conclusions of the background, making thesolution to the problem targeted, more focused; again the previous two-part study based onthe results, with reference to foreign views on this issue and then propose solutions toproblems, to improve the conclusions of the dispute-resolution mechanism.Solution to help reduce this problem appear in the judicial practice of the disputewhich led to various conclusions of the trial of the case deadlocked situation, help toimprove the efficient use of expert conclusion of evidence, making the judicial practice ofa large number of special issues can be a better solution.