| Facts as accurately as possible and applying reasonable legal and proper trial of the case are the key and an important weapon to ensure justice and social equity. Because of the limitations of people's cognitive ability,restore the fact that it is difficult to ensure accurate. On Chinese and foreign judicial history, there are many people assist judges solving the special problems.They comment on specific issues in their areas of expertise.Judges often directly adopt. With the development and progress of the times the use of forensic technology has become more sophisticated. But, asked the judge to know that every fact is impossible.Therefore, sometimes the judge decides cases more of a focus of controversy focused on the review of the judgment of expert opinion. All this is even more urgent in civil activities There are many urgent problems to be solved. For example party petition,repeat identification, identification of people in favor of the profit motive to make identification of the applicant's expert opinion and other issues. In judicial practice, these issues could affect the accuracy of the findings of fact. If not addressed, justice can not be guaranteed. The paper focus on problems exposed before and after the enactment of the Civil Procedure Law and advanced experience of foreign countries, then to find a way to improve the system. Text of this paper has three sections.The first part: Overview of Civil Justice expert opinion. This part introduced some basic conceptual issues of Civil Justice expert opinion. First, introduce some basic conceptual issues of Civil Justice expert opinion. Then discourseits value,its classification, and so on. Second, clear the importance of reviewing expert opinion in civil procedure law. The importance is reflected in it is one of the types of evidence. Third, clear the main mission of reviewing expert opinion in civil procedure law is reviewing its credibility and probative force. After these analyzes about basic conceptual issues of Civil Justice expert opinion,and then easily solve the problem.The second part: The real situation and problems in Civil Judicial Expertise opinions review. One, there are many problems in this area during the time of old Civil Procedure Law. After the Promulgating of the new Civil Procedure Law, introduced some new measures. But, all these problems can't be solved. After a careful analysis of the problems,mainly in the following six areas:Registration system of judicial export their institution is imperfect;there are no rules in reviewing expert opinion in civil procedure; there are problems in optimize testimony of expert opinion in civil procedure law;there are problems on technical advice and technical audit; new law can not solve the problem of repeatedly identified.These problems are not isolated but affect each other. And be a major aspect in Civil Justice expert opinion reviewThe third part: For the problem previously rose, further to improve the solutions of Civil Justice expert opinion review. This part is very important. The most important is thatreference the contents of the law of evidence in Anglo-American countries to solve our problems. Faced with so many problems, Combined with the actual situation in our country, introduce foreign-related cases, and at last, find solutions. One, improve the supervision and management of our expert in law and accreditation bodies registration system. Two, establish and perfect censorship rules of expert opinion in civil procedure law. Third, optimize testimony of expert opinion in civil procedure law. Forth, develop and improve our technical advice and audit system. Fifth, solve the problem of much more repeatedly judicial expertise. Sixth, strengthen the Procedural requirements in identification of the material collected... |
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