Research On The Legal Issues Of "Replacing Trial With Authentication" In Civil Judicial Trial

The judgment opinion is called judicial appraisal opinion,which has always been positioned as scientific evidence,and has become an important part of legal evidence,and plays an important role in the fact identification and evidence provision in civil litigation.But for a long time,there is no systematic and perfect law to regulate the application of expert opinions in civil judicial trials in China,from the start of expert opinions to the conclusion of how to apply a series of procedures,which brings various problems to the application of expert opinions in civil litigation.In order to further investigate and study the use of judicial appraisal opinions in civil litigation after the revision of the Civil Procedure Law,and to regulate the rational use of judicial appraisal opinions in civil litigation,the author takes Shenyang Intermediate People's Court as the research object,opinions are investigated as the use of evidence in civil litigation,and problems are found and analyzed,with a view to providing feasibility suggestions for improving the system of using judicial appraisal opinions as a kind of evidence.Apart from the introduction and conclusion,this article is divided into five parts for discussion.The opening chapter leads to the question to be explored through a case of medical disputes that has been repeatedly judged five times.That is,some judges have used "judicial appraisal" to make judgments in the application of judicial appraisal opinions.There have been repeated cases of litigation between the parties of the case for a long time.The second chapter mainly introduces the different definitions of judicial appraisal opinions in legislation and judicial practice,as well as the main characteristics of civil judicial appraisal opinions as scientific evidence.First,it is a combination of law and science,and secondly,it is based on the objective Appraisal materials and scientific theories as well as subjective and objective opinions derived from their subjective experience are unified.Compared with criminal judicial appraisal opinions,civil judicial appraisal opinions also have an important feature,that is,they focus on the participation of the parties.The first part of Chapter 3 mainly uses the method of empirical analysis,statistical analysis of the judgment documents online from 2015 to 2019,how many cases of civil disputes received by the Shenyang Intermediate People's Court each year have applied the judicial appraisal process,and then In the five years to 2019,a total of 200 cases were randomly selected from 40 cases each year,and statistical analysis of how many of these cases where judicial appraisal was enabled was that the judge fully adopted the appraisal opinion and the cases where judicial appraisal was enabled What types of judicial appraisal procedures are mainly applied in.The second part of Chapter 3 mainly analyzes some problems that the author pays attention to in the process of applying the appraisal opinions of judicial judgments.The most important number of the appraisal materials are used as the basis of judicial appraisal and judicial without the strict cross-examination procedures.As the professional exclusivity of professional technical appraisal,the first issue is believed to have also attracted the attention of legislators,because in the 2020 "Some Provisions of the Supreme People's Court on Evidence of Civil Procedure",which will be implemented in May 2020,Article also proposed for the first time that the appraisal materials should be cross-examined before the start of the appraisal,which can be used as the basis for judicial appraisal.However,the author would like to elaborate on the details of the specific cross-examination rules based on his internship experience in courts and law firms.The fourth chapter mainly analyzes the testimony of the expert testimony of the Anglo-American law system and the appraisal opinions of the civil law system as evidence.It compares the experience and practices of other countries and combines China's national conditions in order to propose a solution in chapter five "Facilitating and reviewing" feasibility recommendations.The fifth chapter mainly analyzes the existing laws of China and combines the author's experience in the internship process of courts and law firms,and draws on the experience of the two major legal systems in other countries to address some of the judicial appraisal opinions in the application of civil litigation in China.Problems,propose corresponding feasible countermeasures.