Study Of The Censorship Of The Civil Judicial Expert Opinions In China

With the development of science and technology, the judicial authenticationbased on science and technology is used in civil litigation more and more widely. Itprovides the basis for the judges to find out the facts of the cases. Although civiljudicial expert opinions are scientific, at the same time they are subjective as well. Asone of the various legal evidences, civil judicial expert opinions must be verified firstbefore they are used to help make a decision on a verdict. There are no rules in lawabout how to censor the civil judicial expert opinions. At present, there are manyproblems in the aspects of the judicial practice. Such as the system of the registrationof expert agencies, the cross-examination of civil judicial expert opinions, the expertwitnesses testifying, the technical advice, the technical examination and approval, etc.These lead to the review for civil judicial expert opinions becoming a hindrance.Because of the lack of the judge’s professional knowledge, in the judicial practice, ajudge always accepts or denies the civil judicial expert opinions without review. Theopinions often fail to be the effective evidence. This situation also affects the refereeof the case. In this study, through analyzing the present situation of our civil judicialexpert review opinions, the problems that exist in the civil judicial expert reviewopinions are found out and some opinions are given for putting forward the perfectour country’s civil judicial expert opinions of censorship by studying the experienceof extraterritorial suggestions about civil judicial expert review.This study is divided into three parts:The first part: the summary of the civil judicial expert opinions. This part mainlyintroduces the concept and the value of civil judicial expert opinions, the necessity ofreview the civil judicial expert opinions and the task on it. Civil judicialauthentication opinions belong to a kind of expert opinion, the value of expertopinion is to provide the basis for the judge to find out the case facts, at the same timein the process of expert opinion to form reflects the procedural justice. Of review forthe opinions of civil judicial expert is the requirement of the law, and its properties, mainly review the objectivity, relevance and legitimacy.The second part: the status and existing problems of reviewing the civil judicialexpert opinions. Through making the analysis about the status of the evidence abilityand strength of Chinese civil judicial expert opinions, this part will find out thecurrent problems of the censorship of the civil judicial expert opinions in China. Thefirst one is the fact that the appraiser and registration system is not perfect. Thesecond is the lack of rules for the opinions of civil judicial expert review standards.The third is the problems of the cross-examination on civil judicial expertopinions.The fourth is the fact that the technical consulting and the technical auditsystem have some problems.The third part: the countermeasures of perfecting the censorship of the civiljudicial expert opinions. This part is the focus of the study. In view of the problem ofcivil judicial expert review in our country, referring to the related system in two legalsystems, some suggests are studied to perfect our civil judicial authenticationopinions censorship rules. One is that we should improve the system of our country’sjudicial authentication institutions management to ensure the neutrality of judges.Another one is establishing the rules of reviewing the civil judicial expert opinions inorder to make the judge have rules on the opinions of civil judicial expert review. Thethird one is to strengthen the trial cross-examination of expert opinion. Mainmeasures are opening the pre-trial of civil judicial expert opinion, implementingexpert auxiliary system, strengthening the ability of cross-examination of the partiesand improving the expert witnesses to appear in court rate. The last one isreforming the technical consulting and the technical audit system to change thecurrent situation of providing technical advice and the audit opinions by thetechnologist of the court.