Study On Legal Opinion Of Technical Investigator

As a key work achievement of the technical investigator,technical legal opinion plays a key supporting role in the realization of the presupposition function of the technical investigator system,and its operation effect is deeply related to the rationality of the technical fact finding and the very interests of the parties.Although the technical legal opinion of technical investigators has been effective since the establishment of the technical investigator system,and it has played an important role in the trial of technical cases,especially improving the closing rate of intellectual property courts in Beijing,Shanghai and Guangzhou.However,there are still more difficult problems and practical difficulties,which have hindered the rational trial of technical cases and the long-term development of the technical investigator system.With the starting point that the judge can’t make a judgment on all technical legal opinions,causing the judge cannot effectively review and adopt legal opinions of technical investigator,observe,analyze and deduce that there are many problems in the nature,effectiveness,making,publicity and supervision of legal opinions of technical investigators.Especially the internal essence of technical legal opinions of technical investigators has not been illustrated by “the nature of the evidence”,and “the nature of the appraisal “,and “the nature of the inside reference ”;the only reference effectiveness of technical legal opinions of technical investigators cannot promote the technical facts effective finding,but also makes the judge bear a heavy pressure and responsibility of technical cases finding;the making procedure of technical legal opinions of technical investigators is not very rational,not guaranteeing scientific technical legal opinions of technical investigators be made;the very secrecy of technical legal opinions of technical investigators damages the interests of the parties to the litigation,and violates of the requirement the principle of Judicial disclosure to a certain extent;lacking of supervision rules of technical legal opinions of technical investigators,makes the supervision of the technical legal opinions are weak,and cannot guarantee the rationality of technical legal opinions,nor cannot ensure the healthy development of the technical investigator system.After a systematic investigation and analysis,it is concluded that all the problems in the operation of the technical legal opinions are basically based on the conflict of values between the "authority system" and "professional events should be done by professionals".The article chooses to rebalance between the two values,supplemented by the practical concerns about the effective and highly active finding of technical facts,hoping to promote the remodeling of the nature and effectiveness of the technical legal opinions,and the reconstruction of the making procedure,publicity and supervision of technical legal opinions.Furthermore,effectively promote the scientific finding of technological facts by the technical legal opinion of the technical investigators,and maintain the legitimate rights and interests of the participating parties,and ensure the healthy development of the technology industry.