Research On Illegal Judicial Expert's Liability In China

Nowadays science and technology are more and more important to find out the facts of judicial case.According to the knowledge and the objective facts,in litigation,the scientific evidence activity of judicial expert who has the corresponding technology have improving the ability of judiciary authorities to find out the facts of judicial case greatly.When the judicial authorities are hard to find the facts,they will entrust the judicial experts to carry out the appraisal,and regard the expert opinions as the crucial evidence.The expert opinions often determine the direction of the case,can often determine the property and personal rights of the parties.The judicial expert activity is carried out by judicial expert,it's a kind of conscious scientific investigation activity,the error expert opinions may occur during the judicial expert activities and cause damages.In order to reduce the occurrence of damage,protect the rights and interests of the parties,and safeguard judicial justice.So it is necessary to impose corresponding liability on judicial experts who break the law or rules.At present,the quality of judicial expert in our country is not high,illegal judicial identification is becoming more common,and it is more difficult to investigate the judicial expert's liability which seriously hindered the healthy development of judicial identification,seriously damages the social equity and justice.Therefore,it is very necessary to clearly define the system perfect judicial expert liability.Firstly,this paper elaborates the concept and characteristics of judicial expert,the type of liability,the principle and value goal of accountability and so on,these basic concepts build a good foundation for the following.Then analyzes the liability regulation of foreign judicial expert,and find some reference of improving the judicial expert's liability.Besides,summarizes the laws and regulations concerning the judicial expert's liability in China,discusses the problem of expert liability in China,such as the application of criminal liability is too strict,the nature and scope of civil liability are not clear,no uniform regulation of administrative liability and so on.Lastly,on the basis of previous studies,puts forward some Suggestions to improve the judicial expert's liability of our country,such as improve the relevant rules of judicial expert's liability,make judicial identification law,improve the integrity practice system of judicial expert,establish a system of practice insurance and a practice mutual fund.