The Settlement Mechanism About The Disputes Of Experts Opinions In The Civil Litigation

Expert opinion in civil procedure in recent years has jumped into public view. From the case of medical disputes identification of Lili Yun in Beijing in 2007 whose husband refused to sign and dead, "Liaoning painting fake case" in 2010, "Tianjin Xu Yunhe case" in 2012.These cases have a strong social repercussions, and gradually cause our theory and practice department pay more attention to this issue. With the gradual deepening of the expert opinion, it also became clear in our current operating status. From a practical point of view to expert opinion, the management system is not very smooth, Identification is not unified management, and authentication institutions are in a confused atmosphere, experts access system is imperfect, long identified, repeated identification, human identification, identification of emerging relations, experts’ management, self-management mechanism is not as well as the expectation of the society, these problems have long plagued the staff and expert.In practice, low social credibility and the trust of the people has been a good illustration of this point. February 28, 2005 enactment of the "Standing Committee of the National People’s Congress on Judicial Expertise Management"(referred to as the decision) implemented drastic of reforms, the newly revised civil procedure law, it added provisions on the identification. But few years passed, some prominent problems still exist and intensified reform was carried out not complete. For expert opinion should be how to solve the disagreement and what kind of solution ideas more legitimacy, effectiveness, it is not only important to the judiciary system, but also innovation and social management requires in-depth exploration of issues. This issue intend to limit controversy from preventive mechanism, the use of re-identification, expert advice, and improve cross-examination and other aspects of the dispute to explore further improve in expert opinion, expecting to make contribution to the reform.By analyzing the creation, the expression and the meaning of the research of the disputes arises from identification, the author further analyze the reason why do these kinds of disputes arises, in the conclusion part, the author tries to find how to improve the system of the disputes arises from identification in terms of Civil Suit in China by analyze the Limitation of Prevention Mechanism, the application of repeat identification, the consultation of experts, the improvement of the evidence system in the expectation that further reformation of the identification procedural in our country could benefit of these analysis.