Legal Expert In The Identification Of Foreign Law

In the dispute settlement of foreign civil and commercial cases,whether the correct identification of foreign law content,is the key to the trial of foreign cases.China's law provides a variety of appropriate ways to identify,and through comparative and empirical research,the more use is the way of expert.However,there are no specific legal provisions on a series of questions about the qualifications,responsibilities and legal nature of expert opinions.In view of this,this article is around the legal experts to explore,specifically from the following three aspects of the discussion:The first part analyzes the emergence of legal experts in foreign law.Who can hire a legal expert?In China's judicial practice,the judge and the parties both can hire legal experts.For the court and the parties,the cost is also different in different circumstances.When the court is aware of its obligations,the costs of engaging legal experts should be borne by the courts.When the parties concerned are obliged to hire legal experts,they also should bear the costs,they may apply for the court to supplement the part or even all of the expenses paid by the court when they can't pay.Who can become a legal expert?Throughout our country in the field of private international law and the relevant judicial interpretation,only shows that China and foreign legal experts can identify foreign law.But for those who can become qualified legal experts,judicial interpretation does not provide.Through comparative and empirical analysis,experts in foreign law should be interpreted in a broad sense,and some basic reference standards should be determined on this basis.Finally,what is the legal status of legal experts?Because the experts in the foreign law are different from the ordinary witnesses,it is also different from our country's forensic experts.Therefore,the legal status of the foreign law can not be simple and general reference to the standard of ordinary witness or the standard of the appraiser,but should be treated differently according to different situations.The second part analyzes the expert opinion of foreign law.In short,the form of expert opinion is nothing less than two,that is,verbal and written.In this case,there are two main cases of foreign experts in different circumstances,the first is the parties to hire experts to provide legal advice,the second is the court designated experts issued legal advice.I believe that in different circumstances,the form of expert opinion should be done to do different requirements.At the same time,the different circumstances of the expert opinion is not the same nature.The court's review of expert opinion on foreign law is the final link of whether the expert's opinion can be applied and it is also the key to the proper application of foreign law.Therefore,the judge not only to the form of expert opinion review,but also to follow the judge's professional ethics,combined with their own knowledge,work experience and logical reasoning on the formation of expert opinion independent judgment.The third part analyzes the expert responsibility.If the parties or the other party suffered damage because of the experts' wrong legal advice,whether the experts have to take responsibility?Which circumstances will take responsibility?What is the nature of the responsibility if it is responsible?What is the scope of the expert compensation and the circumstances of the liability exemption?In this regard,I believe that the experts should be responsible for damage,only not in the "reasonable attention".At the same time,according to China's national conditions and judicial status,the responsibility of the experts should be in a reasonable scope.On the one hand is conducive to the experts foresee their own responsibility,on the other hand is conducive to China improve the status quo that lacks legal experts.At the same time,we should note that the expert opinion in the identification of foreign law is relevant to the law and is not equivalent to other professional advice.Whether it is provided by the parties or by the judge,the expert opinion is not of course applied to the case.Because the judge does not understand foreign law,but is familiar with the general principles and methods,and should have its own preliminary judgment on the quality of expert opinion.If the court is not reasonable to review,then the court should bear the corresponding responsibility.