On The Expert's Opinion In The Identification Of Foreign Law

Proof of foreign law is an important system of international private law.Due to the specific means to find out foreign law become more dependent on expert opinion,it is necessary to build related system,which requires deep research about the nature and application of expert opinions.Through common and special angle of view,this paper demonstrates some related issues,which leads to the construction of expert system of our country.This paper is divided into four parts:The first part defines experts and expert opinion in the proof of foreign law.The definition of expert is quite different between proof of foreign law and general civil law,which means there is no need to make aptitude evaluation of expert in the proof of foreign law.They must have their own unique status,not only to prove the content of foreign law,but also to provide expert advice.The nature of the expert opinion varies according to the attitude of foreign law.Expert opinion have the nature of law if it is entrusted by the court to experts and expert opinion have the nature of evidence if the foreign law is entrusted by the parties to expert.The second part on the application of the expert opinion program are analyzed.Foreign law to find out in the expert opinion is divided into twokinds,one is issued by the court entrusted by the expert opinion,one is issued by the experts opinion entrusted by the parties.Expert advice applicable procedures related to its type,for the former,usually necessary through open program review it can be used,while the latter need to use after cross-examination procedure.This is to guarantee to expert advice from the program in the form of foreign law to be able to apply in the case of uncontested,identified by court decisions according to experts as a result,so the expert opinion will be crucial impact on the results of the referee.The third part discusses the issue the wrong experts opinion of responsibility.Party hired experts to issue the wrong expert opinion,due to contractual relationship exists between the parties with experts,therefore its nature can be considered as a designed on the basis of contractual liability,tort liability as supplement,depending on the specific circumstances by the parties to choose;Issued by the court to find out when the entrust experts according to the power of the wrong opinions,because of the court and experts,the parties and expert selfless act on the contractual relationship between each other should be tort liability is advisable.On expert tort liability imputation fault liability principle should be adopted,and in accordance with the components of the general tort liability.Responsibility scope should include experts opinion error of the physical damage caused to a party and intangible damage.Experts liability assume,of course,also is not absolute,in some cases,can undertake a certain reduction,including the reduction of the victim's fault and agreed.The fourth part of the construction of expert system in our country's foreign law determine specific Suggestions are put forward.Although our country related laws and judicial interpretations foreign law find out problems in regulation,but only the establishment of a basic standard system,for which is often used and proved to be effective by practical experts to find out the way,but the lack of a system of rules established by the system,and practice to adapt to the needs of the,this should build the system.In the process of building system,should be defined in the relevant rules in the selection conditions,find out the foreign law experts to ascertain foreign law from east China university of politics and law center this practice as an expert to provide expert advice to give full attention,with its particular way for reference to design experts commissioned program.At the same time,still should according to China's legislation on foreign law under different conditions to find out the rules of the responsibility borne by the court or the parties respectively,and for experts to apply different programs and expert advice or cross-examined responsibility of different rules.