Research On The System Of Forensic Experts’ Civil Liability

Forensic system as an important part of the judicial system, plays an important role in the judicial practice.With the implement of the Judicial System Reform the forensic system attracts extensive attention increasingly, especially the civil liability of the Forensic Experts. Taking into account the special status of the Forensic Expert in the proceedings, and their expert opinions have a critical influence on the trial of cases and the distribution of the parties’ rights and obligations, however, in current China’s legislative focus on the criminal responsibility and administrative responsibility of the Forensic Experts and the Forensic Institutions, while has less attention in theirs civil liability, it can be said that there is a huge gaps in the legislative. Therefore, to discuss the issues which related to the Forensic Experts’ civil liability, would have a great significance to regulation the Forensic Experts behavior, and to ensure the objectivity and truth of the expert opinion and to promote litigation efficiency and to Improve judgment qualityThis paper is mainly use Comparison, Normative analysis and Empirical analysis to elaborate the liability disputes in the forensic process, and emphasis on balance the rights and interests of the Forensic Experts and the victims. The final study result is put forward ideas for our country to establish the Forensic Experts’ civil liability system.The paper consists of four sections:The first chapter discusses the basic theoretical issues on Civil Liability of the Forensic Experts, defines the meaning of the Forensic Experts and legal status, elaborates the connotation of the Forensic Experts, and analysis the error identification which is the main reason to cause the Forensic Experts’ Civil Liability, distinguishes the Forensic Experts’ civil liability, the forensic Institutional responsibilities and the national liability, describes the necessity to establish the Forensic Experts’ civil liabilityThe second chapter mainly discourses three questions about the Forensic Experts’ civil liability, including nature of the responsibility, responsibility elements and excuses of exemption.The third chapter narratives the legislative situation and the practice situation of the Forensic Experts’ civil liability in our country. and mainly through four areas introduces the obstacles for China have to face to establish civil liability system of the Forensic Experts.The forth chapter gives some suggestions about our country to establish and improve the forensic experts’ civil liability system, that is uniform legislation, Through the legislation to establish the Forensic Experts’ civil liability system, and sets up the proceedings,the occupational insurance and the practicing mutual aid system to give protection.