The Research On Civil Liability Of The Judicial Expert

The Judge System is an indispensable component of modern national judicial system. Although the job of judicial experts is an activity of demonstration followed by science and technology, it is one to take evidence governed by subjectivity with consciousness. Therefore, during the whole process of judicial identification, errors of identification will always occur owing to a variety of reasons, which causes consequences of damage to some extent. Then, the judicial experts should bear corresponding legal responsibility, including civil liability. However, because of some historical and practical reasons, system of judicial identification in our county is in a state of disorder and confusion at present. At the same time, relevant laws on civil liability of the judicial experts are very few in our country. If the judicial expert fails to perform the performance of his statutory duty, or misjudges, a party will suffer some consequences. But, in these cases, civil liability of experts can not be assumed for lack of corresponding laws, so that the justness of law and legitimate rights and interests of a party can’t be guaranteed effectively. According to what has been discussed above, we can see that it is necessary to remedy relevant laws on civil liability of experts. Therefore, it is worth studying.Firstly, the thesis identifies the property of civil liability of judicial experts by contrastive analysis for the responsibility of national judicial experts in two fundamental law systems. The responsibility of judicial experts is divided as contract liability in British and American law system, while as tort liability in continental law system. In light of judicial practice and nature of judicial experts’rights and obligations in our country, the author identifies the civil liability of the judicial experts as tort liability. But we shall explain it according to the relevant provisions of "The People’s Republic of tort liability law". Based on this, the thesis will study imputation system, burden of proof, constitutive elements, scope of compensation and original reasons of defense of the tort liability one by one. The principle of imputation of judicial experts’should be applied to fault liability principle, but transfer of burden proof more. Scope of compensation includes not only direct losses, but also indirect losses. The limitations of technical identification, victim’s mistakes and judge’s faults are all considered as reasons of defense for judicial experts to be exempted.