Study On Cross-examination Of Expert Opinions In The Civil Procedure Law

Expert opinion in our civil procedure law as an independent category of evidence,plays an important role in the process of judges and lawyers in.Identification of people affected by the subjective and objective factors, theissued identification does not of course is scientific and objective. Let the judgesjudge the correct use of expert opinion, must carry on the examination to the. Thereare many problems in our current opinion identification trial cross examinationprocedure, cross examination into the expert assistant in the expert opinion, tostrengthen the party’s evidence ability, the realization of procedural justice better.The assistant system of our experts have many problems in legislation andjudicial practice. The legislative provisions are too principle and simple. Including: noclear expert assistant position, does not provide professional support to thequalifications, the expert assistant position bias, without defining the rights andobligations, the expert assistant expert assisted the trial procedure, not lack of clearexpert advice on the standard of admissibility, opinion effect not clear expert assistantand the expert assistant system lack of legal aid.Anglo American law system and continental law countries in cross examinationprocedure are "experts" in the quality of evidence. The Anglo American law systememphasizes the adversary proceedings, established the "expert witness" system.Attention to procedural justice and emphasize the protection of the legitimate rights ofaction, but easily lead to biased and the litigation efficiency expert. Civil lawcountries affected by the authority principle lawsuit pattern, established the "expertsystem". Emphasizes the impeachment procedure control, but easily lead to expertopinion is not enough evidence and the judge’s arbitrary. Based on the advantages anddisadvantages, the countries of the two legal systems have convergence trends in thefield of quality certification system, to learn useful experience from each other, learnfrom each other.Our expert opinion evidence system reform should retain the original authority background, and learn from the common law "expert witness" system the beneficialexperience, learn from each other, legislation and judicial practice in the continuousimprovement of our expert certificate program. According to the foreign legislativeexperience, combined with China’s national conditions and judicial practice, putsforward a tentative idea of expert assessor in cross examination procedure. Mainly inthe following six aspects, first determine the expert assistant position. Second, theestablishment of expert assessor’s qualification system. Third, to build the expertassistant trial mode of evidence. Fourth, the auxiliary expert opinion in the validity ofevidence. Fifth, clearly the rights and obligations of expert assessor. Sixth, rulesexpert assisted system of legal aid. Hope that through the above idea, and constantlyimprove the expert opinion evidence procedure, promote the expert assistant in actualoperation play an effective role.