The Research On Damage Compensation System Of Tortuous Liability Of Judicial Experts

Nowadays,more and more cases are involving delegating judicial experts who can assist the judges to ascertain the fact with specialized knowledge in today's judicial practice.And it is inevitable that judicial experts may infringe upon rights and interests of others in the process of judicial expertise due to various reasons.For this situation,relevant laws in our country are so rough that the approaches differ between courts when hearing this type of cases.Hence,in order to enhance up professional proficiency of judicial experts and protect the rights and interests of victims,the damage compensation system of tortuous liability of judicial experts should be improved urgently.This article aims at putting forward suggestion on the basis of existing legislation by the way of analyzing problems of current legislation and judicial practice.The text of this article is divided into four chapters,the main content of each chapter is as follows:The first chapter mainly discusses related concepts of the damage compensation system of tortuous liability of judicial experts 9 including the concept and the legal status of judicial experts,the meaning and the characteristics of the damage compensation system of tortuous liability of judicial experts and its function.The legal status of judicial experts in our country is similar to civil law countries which define the legal status of judicial experts as "the judge's assistant".And this legal status of judicial experts makes it bear civil liability whose nature belongs to tort liability instead of the liability for breach of contract in common law system.In the second chapter,I research on the damage compensation system of tortuous liability of judicial experts in the typical continental law system countries and evaluate it on the basis of my research.The third chapter firstly introduces the legislation of the damage compensation system of tortuous liability of judicial experts in our countty and put for.ward three questions on the legislation.One is on subject of compensation liability,another two are on mechanism of tortuous liability of judicial experts and the elimination of tortuous liability of judicial experts under ordinary negligence.Secondly,to sum up judicial practice in our country,I collect relevant cases.And by the concrete analysis of the cases,I draw the conclusion of concrete principle in judicial practice and put forward two question existing in judicial practice,one is that how to identify error identification and the other one is that the relationships between legal relief way and tortuous lawsuit.Finally,I carefully analyze the above questions and put forward my own views.In the fourth chapter,borrowing the existing regulations of the civil law countries and combining the existing regulations and judicial practice of our country I put forward specific suggestions on perfection.