Research On The Civil Liability Of Judicial Expert

With the development of China’s legal system and the progress of science and technology,the role of the judicial expert become more and more important.Judicial expert is also known to the public.Judicial expert is the direct subject to identification activities that has a great autonomy in the operation.To avoid the abuse of rights,the operation process of rights must carry on the strict supervision.But in the current judicial practice,the restraint mechanism is not perfect.There are many different views on whether the judicial expert should take the consequences of error authentication.In recent years,the number of cases began to increase because of the misconduct by the judicial expert.The public demand that the judicial expert bear civil liability,which cause social concern.Therefore,it is necessary to study the civil liability of our country’s judicial expert.Based on the comparative study on the judicial system and the civil liability of common law and civil law,this paper defines the nature and characteristics of Chinese judicial expert,and defines the qualification and the selection of judicial expert,combined with judicial practice.Judicial expert shall bear the responsibility for tort liability,and the imputation principle of judicial expert shall be tort liability for fault liability on the burden of proof.Because of the "information asymmetry",it is very difficult to the parties that shoulder the burden of proof,so inversion of imputation should be applied.Excluding general negligence of judicial expert,only be liable for the intentional or gross negligence case in damage.Combined with the nature of judicial expert,discussing the limitations of technical and scientific understanding,the fault of victim himself,and the fault of the third person.It is exemption or reduce liability defenses for judicial expert.Additional,there are some recommendations for the improvement of the judicial identification system through the legislation and the liability insurance system.