Jurisprudential Analysis Of The Expert Responsibility

With the development of social，Occupational division of labor increasingly refined，theknowledge areas of every member of society have become more and more narrow，Whendealing with affairs involving expertise，they have to commissioned an expert to deal with.The expert is subordinate to particular occupational groups, with specialized knowledge andexpertise, according to the law to obtain nationally recognized vocational qualification, and toprovide specialized services to the public. The refinement of the social division of laborincrease opportunities for people to commission experts to deal with personal matters, thepossibility of expert responsibility also increased significantly. Expert responsibility meansprofessionals with special knowledge and skills be liable for damages to others in the courseof their practice due to the fault.Essentially, expert responsibility is the responsibility of experts on the public trust to liveup to. The definition of expert responsibility not only related to the protection of the interestsof the victim, but also to the development of an specific industry. Properly resolve the conflictbetween the professional interests of experts and public interest in the system design in orderto achieve a balance of interests between the two. Infringement of the responsibility of expertsis built on the basis of the experts to take personal responsibility, and this is precisely the gapsin current legislation. The most important theoretical significance of theory of expertresponsibility is to provide theoretical support for the system designed to balance expertprofessional interests and public interest.In this paper, the "expert responsibility" is the core concept, a total of five chapters. Thefirst chapter describes related concept of the responsibility of expert responsibility and theemergence and development of foreign expert responsibility. The second chapter analyzes thetheoretical basis and dig deeper into the essence of the expert responsibility from threeperspectives, legal basis, Sociological Analysis, Law and Economics Analysis. Experts are theproduct of the phenomenon of the professional. Professional formation in the implementationof the economic behavior, The monopoly of a certain economic opportunities for theformation of thrust. The most fundamental purpose of the experts engaged in practiceactivities is pursuing the interests of. There is no essential difference with other marketplayers at this point. Practice activities with public welfare, the state intervene in their actionsto protect the public interest. From an economic point of view, Experts better able to preventdamage to the relative and third party. The third chapter discourse the value of expertresponsibility through the analysis of the role of achieving equitable and promoting efficiency.Finally, expert professional insurance system and occupational risk fund.In order to reducethe occupational risks of experts, and in order to better protect the interests of the victim,Countries have established a related Expert responsibility system. There are two commonways: Expert professional insurance system and Occupational risk fund.