On The Improvement Of The Way And Method Of Appraisal Opinion Review

The examination of expert opinion is an inevitable requirement for the application of expert opinion to assist the confirmation of facts.Specifically,the examination of expert opinion includes the examination of the qualification of evidence and the force of proof.The current examination system of expert opinions lacks sufficient institutional guarantee on the macro level,and the positive effect of expert assistance for cross-examination has not been fully played in the litigation system,leading to the failure of adversary lawsuit mode to deal with the professional and scientific issues of expert opinions.In the middle view,due to the emergence of unjust judgment,the examination of expert opinions has been paid more and more attention,and the standards aimed at guiding the examination of expert opinions have also been issued one after another.However,due to the particularity of individual cases,these published review norms have not yet formed a systematic and harmonious system.On the contrary,there are conflicts between regulations and interpretations at different levels and in different departments.Not only that,in the micro level,the existing expert opinion review norms are excessively focused on formal review,but in the substance of the examination is missing,especially in the proof force of the judgment elements for expert opinion.Therefore,this paper argues that the way and method to perfect the examination of expert opinions should be re-examined and constructed from three levels: the macro level,that is,the guarantee system of the examination of expert opinions;the medium level,that is,the examination rules of systematic harmony;and the micro level,that is,the judgment elements of the proof force.There are four parts in this paper:The first part mainly expounds the main characteristics of expert opinions the necessity of expert opinions examination and the predicament of expert opinions examination.First,it deconstructs the main characteristics of the expert opinions and traces the causes of the predicament of the expert opinions examination.Secondly,from the perspective of "factual reasoning",this paper discusses the necessity of the examination of expert opinions.Finally,through reviewing the China’s expert opinions review norms,the overall impression of the normative system is formed,and the investigation of expert opinions status in judicial practice is established on the basis of case analysis.The second part,based on the historical development of admissibility rules of scientific evidence in the United States,reviews its attempts to review the admissibility of scientific evidence.A good lesson is not far off.It is hoped that this can be an opportunity to provide an extraterritorial perspective for the construction and improvement of China’s expert opinions review rules.The third part mainly analyzes the causes of the dilemma of expert opinions examination.The alliance between law and science is not stable for a long time at the beginning,which creates tension between the scientific fact determination and insufficient knowledge reserve of judges.There is no doubt that there is a gap between law and science that needs to be closed,whether in terms of the comparison between the goals pursued and the requirements for efficiency,or in terms of the review process of the two.However,the judge lacks enough background information to make a reasonable decision to review the opinion.In addition,the adversarial litigation mode in China is weak when it comes to the scientific and professional examination due to the lack aids of scientific and professional knowledge.The gap between science and law cannot be well closed,which leads to the formation of the dilemma of expert opinion examination.The fourth part constructs the framework and system of expert opinion review from three levels: system guarantee,review rules and the judgment elements of proof force.The purpose of the system guarantee of expert opinion review is to integrate the scientific knowledge with the adversary litigation mode and give full play to the auxiliary cross examination effect of expert assistant.On the basis of system guarantee,forming a systematic and harmonious system of review rules depends on the explicit elaboration of the specific contents of authenticity rules,relevance rules,legality rules and adequacy rules.And from the perspective of reliability and effectiveness of the expert opinion,the elements of the expert opinion’s power of proof are summarized.Beyond all doubt,the proof judgment of evidence is the field of judge’s free evaluation.It’s not the "returning the soul from the dead" of Legal evidence,but the efforts to deal with the dilemma of the examination of expert opinion under the development trend of scientific fact identification.Only under the premise of ensuring the reliability and effectiveness of the expert opinion,it can play a positive role in supporting the fact finding.