Font Size: a A A

Research On The Validity Of Expert Adjudicat Ors' Views In Civil Litigation

Posted on:2019-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:E M G L S M S K NuFull Text:PDF
GTID:2416330566967241Subject:Law
Abstract/Summary:PDF Full Text Request
In the process of continuous development of social economy and science and technology,more and more professional and commercial issues have emerged in civil and commercial affairs.Civil and commercial disputes have also become more and more complex.This professionalism and complexity are the most prominent.The field lies in disputes arising from intellectual property rights and medical malpractices,disputes.In the process of resolving such cases,it is highly dependent on the professional and technical level,but at present,professional issues in civil and commercial cases in China are usually conducted using the judicial identification system.However,this system has a large scope of application in the first place.The limitations are secondarily rather simple to use and do not help judges to solve their professional problems encountered in the trial process.In order to resolve new disputes and more and more professional cases,the The level of trials enables the current adjudication and trial mechanism to be further improved.Under the background of judicial reforms,in our country's legislative system,we began to introduce “persons with specialized knowledge” into our country through judicial interpretation.In the field of civil litigation.The legal status of professional opinions on professional issues related to the case and whether it can exert evidential efficiency do not explicitly stipulate in the legal system of China,whether it is theoretical or practical.This issue is of great concern.Experts and scholars have also conducted intensive discussions and research.What kind of position does the “professional knowledge person” have during the hearing process? What is the status and efficiency of this system? The position in the system and the subsequent work to perfect it are of great significance.Therefore,the author takes the civil litigation system of our country as the starting point in the study of the effectiveness of this group of opinions.The practice of “persons with specialized knowledge” in participating in trial activities in China's trial practice is still at an early stage,and theoretical research and practical experience are not sufficient.Many experts and scholars in China have conducted research on the effectiveness of the opinions issued during the trial,and have put forward different opinions and issued corresponding reasons.In the process of researching these viewpoints,the author discovered that the current research results on this issue have not been combed and summed up,and the differences and similarities between these viewpoints have been found,and a careful interpretation has been made to find them.The reason why the opinions are different,and from these reasons find the corresponding measures to improve our country's system.
Keywords/Search Tags:Civil action, expert assistant, effect of opinion
PDF Full Text Request
Related items