On The Competence Of Evidence And The Probative Force Of Auxiliary Expert Opinions

The existing expert evidence in our country mainly includes expert opinion and auxiliary expert opinion.In judicial practice,the low appearance rate of expert in the court.The right to examining the testimony of the parties is formal and hollowing out.The phenomenon that the Judges placed too much reliance on expert opinion to assert the fact of case is universal.To check and balance the phenomenon of expert opinion’s monopoly,the auxiliary expert’s opinion began to appear in the field of civil evidence law in provisions of the Supreme People’s Court on Several Issues concerning the evidence of civil procedure in 2001(hereinafter referred to as the provisions of the evidence).The auxiliary expert who participate in the proceedings,has two functions: the first is the cross examination of expert opinion,the second is to bring up opinions on specialized issues.But the legal documents in the normative level appear confusion of understanding--the litigation status of auxiliary expert is not clear.In accordance with the provisions of the new judicial interpretation,the auxiliary expert’s opinion is regarded as the statements of the parties,but the statements of the parties statements can be divided to statements of factual claims and statements of evidence.No matter what kinds of statements it is,the effect against the expert opinion has not work.In judicial practice,the adoption rate of the auxiliary expert’s opinion worked is not high,and the recognition of auxiliary expert’s opinion is different.When the expert opinion is different from auxiliary expert’s opinion,most court held that the expert opinion evidence is more effective.Above all,it’s the question that it is very necessary and important to probe into the competence of auxiliary expert evidence and the probative force of auxiliary expert evidence.Besides the foreword and the conclusion,the whole passage consists of three parts,which all together amount to 40,000 words.The first part:A review of the current situation of the competence and probative force of auxiliary expert evidence.This part from two aspects of the legislative and judicial norms,legal analysis on China’s relevant auxiliary expert and related documents,statistical data analysis of 173 judicial precedents,found that the auxiliary expert’s opinion in the face of the normative level and practical dilemma.The second part:An analysis of the competence of auxiliary expert evidence andthe probative force of auxiliary expert evidence.According to the questions raised in part one,in this part,through the comparative study of Common law system and Continental law system,analyzing the difference between the competence and probative force of auxiliary expert evidence,so that the misunderstanding of he competence and probative force of auxiliary expert evidence would be found,finding out the direction of a sound system.The third part: The concrete conception of perfecting auxiliary expert opinion.First,accurating positioning of the auxiliary expert system’s nature and function,confirming the responsibilities and obligations of the auxiliary expert,making clear auxiliary expert belongs to independent litigant participant;Second,starting from the procedural rules,perfecting the measures the neutrality of the expert review mechanism,the special the opinions of the auxiliary expert auxiliary procedure and the protection of ginseng auxiliary expert;Thirdly,improving the rules of the appearance of expert and the rules of expert jurors。...