Opinion Evidence Rules In The Construction Of Civil Litigation In Our Country

Evidence rule is that evidence collection, evidence and evidence of legalprinciples, for the rules of evidence, the earliest can be traced back to the12th centuryin foreign countries, and not be explicitly stipulated in the current law system in ourcountry, only sporadically in several three of the evidence rules and provisions in thefield of procedural law, the opinion evidence rule such a statures system, its relatedregulations are much rarer, and are reflected in the field of criminal procedure law. Asone of civil evidence rules of opinion evidence rules, refers to the civil litigationactivities should be how to treat the opinion evidence provided by the witness of aseries of the floorboard of the legal rules.Opinion evidence rule is Anglo-American evidence law norms on the mostcommon witness’s testimony evidence of evidence rules, the Anglo-American lawsystem countries will witness is divided into ordinary witnesses and expert witnesses,and generally, ordinary only on their personal statement of facts, not just the directcomment or observation inference or results, otherwise it will be because they do notcomply with the workability and exclusion of evidence; And expert witness becauseits in specific areas with specialized professional knowledge or skill, in the conclusionthat can form the evidence of certainty, so experts in the form of comments orinference of testimony at the trial can usually be adopted directly. For a long time, countries of Anglo-American law system of opinion evidence rules in the evidence thewitness’s testimony, workability and exclude and its exception, in terms ofspecification the reliability of the witness’s testimony, stability, and the expert witnessto testify in the specification, has played a positive role, and formed a set of relativelyrich mature theoretical system.In following new points to modify “the public prosecutor, the parties, thedefenders and agents AD litem, can apply for a court to inform people withspecialized knowledge to appear in court, an appraiser’s opinion suggestion.” Xinminv. method in our country the seventy-ninth regulation:“the parties may apply to thepeople’s court to inform people with specialized knowledge to appear in court, anappraiser’s opinion or opinions professional questions."”Has professional knowledgefor “people”, the academics believe that education is “professional” or “expertwitness”, but the “expert witnesses” is far different from the common law countries’“expert witness”, for “expert opinions” put forward by the expert witness, whethercan be used as evidence, how to apply and how effectiveness, there is no clearstipulation, its root lies in our country to build a complete system of opinion evidencerule. But “expert witness” and “expertise” can be explicitly stipulated in the procedurein xinmin, to preliminary differentiate of ordinary witnesses and expert witnesses,have my national v method for “evidence” gradually development trend of theregulation, therefore, the opinion evidence rules system to build research, has a morerealistic theory and practice significance.