Study On The Evidential Effectiveness Of The Expert Opinion In The Civil Procedure

Expert opinion as one of the eight kinds of legal evidence of civil action, in case of solving special problems, to help the judge analysis and conclude the facts of the case accurately and timely. It is the basis of the judge deciding the facts of the case. And it plays an important role to determine the facts of the case. So evaluation has an important significance in the process of litigation. With the process of modifying of the new "civil procedure law" in 2012, identifying right to start is expanded further. The litigation rights of the parties are fully guaranteed. Changing the appraisal conclusion to expert opinion, evidence attribute is more highlighted. And it formulates and testifies the system of expert witnesses.Also it increases the appraiser’s responsibility and adds the expert auxiliary system. And it realized implements the equality of the parties.Although the rules of the identification system in civil procedure law of our country is becoming more completed,in the process of lawsuit also playing an increasingly important role,we also should see, expert opinion is often used as a kind of evidence in civil procedure, the practise of expert opinion has a lot of problems in the judicial practice,the existing legal regulations on expert opinion still can’t meet the need of judicial practice. This paper takes the civil procedure law and relevant laws and regulations as the basis, Using historical and comparative analysis method. On the basis of relevant regulation, in Anglo-American law system and continental law system, to explore the different rules of expert opinion evidence effect on the basis of relevant regulation.Drawing reasonable composition, finding out the shortcomings of the existing appraisal system in China, proposing solutions.First of all, through the comparison of two big legal system identification of the launcher, find out their advantages and disadvantages. On the basis of absorbing and reference,start the program focuses on analyzing our country appraisal,in the identification of the influence of the initiator for effective evidence is analyzed on the basis of,found the defects of our country identification startup settings and making suggestions on the perfection of our appraisal right to start setting,gradually narrowed the court power,rule out the improper intervention of litigation on the parties.On the launcher should fully respect the will of the parties,given the right to relief the parties,safeguard the rights of the parties.The second is the analysis on the cross-examination procedure of the expert opinion. Through the appraisal opinions cross-examination procedure analysis the continental law system and Anglo-American law system. From the three aspects of the objectivity, relevance and legitimacy of the evidence focusing on the appraisal opinions of cross-examination procedure in China are analyzed. Through the two big legal system expert evidence workability of comparative analysis, analysis of the effectiveness of the identification of the evidence in our country expert opinion evidence potency stipulated carries on the analysis to me,from the appraisal opinions of authenticity, relevance and legitimacy in the face of expert opinion evidence for review.Based on the analysis of our country law of expert opinion evidence effectiveness, on the basis of the provisions of the obviously missing,suggest perfect the expert opinion evidence potency stipulated,to explore establishing decided rules of expert opinion evidence,through the improvement of the system of expert opinion acknowledgment and adopted, specification to judge validity of expert opinion evidence examination and certification rules, make sure the judge free heart is open,the effect of the perfect our country expert opinion evidence rules,through expert opinion evidence for confirmation to achieve the role of the realization of entity justice, so as to realize the pursuit of efficiency value of civil litigation. The new "civil procedure law" while the expert witnesses to testify compulsory provisions, clear its legal consequences refuses to appear in court,but in the practice of expert witnesses not to appear in court is almost practice.By analyzing the influence of expert witnesses not to appear in court for effective evidence, put forward to the system of expert witness to appear in court the perfect idea, improving the system of people to identify the court to improve the idea, the establishment of a flexible forensic system build system of flexible identification to appear in court,take a variety of appearance,a sound system of expert witness to appear in court of judicature,guarantee the right of cross-examination of parties,Both fairness and efficiency of judicial philosophy. For the lack of new established expert auxiliary system,put forward the Suggestions of improve the system of expert auxiliary one, provide the basis for the judge specific cases and using for reference.Finally, because the law in our country on how to set opinion evidence effect on its own is blank,judicial practice in the self appraisal opinions on different court attitude are also different. In order to play a better role of the self appraisal to solve disputes.And expanding on how to make their own identification of the parties to be legalized,how to identify litigant’s expert opinion.Offer the help of building reasonable party on its own identification system.