Research On Judges’ Reasonable Use Of Expert Opinion

Evidence is the basis of identifying the facts of the case.The identification of the facts of the case is based on the investigation,trial and identification of the evidence.Evidence is the basic role in the litigation activities,the beginning of the litigation activities,and the whole process from the initial investigation to the court trial and the final judgment,and the evidence implements the litigation activities.Based on the function of evidence in fact finding,this paper analyzes the process from evidence to case fact finding,and expounds the principle of evidence reflecting case fact and the process of fact finding by using evidence.Among the legal evidence,the expert opinion has the name of "scientific evidence" in the litigation activities.With the continuous development of the scientific and technological information process of the society,the problems involved in the litigation activities are more and more complex.As the evidence with the attribute of scientific evidence,the expert opinion is paid more and more attention,which plays an important role in the determination of the facts of the case.But just because of its scientific evidence attribute and the lack of knowledge of judges,it is generally believed that it has high evidentiary power in judicial practice,judges also rely on the expert opinion,determine the facts of the case directly according to the expert opinion,review and use the evidences of the expert opinion insufficiently and accurately,which leads to the expert opinion unable to play the evidence as the specialized opinion Value.This article starts from the perspective of judges’ use of expert opinion.It is clear that judges’ use of expert opinion mainly includes two stages: reviewing expert opinion and using expert opinion to form free testimony.By studying the current status of expert opinion,the model of judges’ expert opinion in China is summarized,And then analyze its shortcomings and the deep-seated causes of the shortcomings,and ultimately provide an optimized path for judges to rationalize the use of expert opinion.This article is divided into the following four parts:The first part is to review the status of the review of the expert opinion of the two major legal systems and the status of the review of the expert opinion of Chinese judges,and to summarize the model of the use of expert opinion by judges in China as "substituting expert opinion for trial".The second part analyzes the problems and harms in the process of judges’ expert opinion in China’s current mode of " substituting expert opinion for trial ".The third part is an in-depth analysis of the reasons why the current judges use the expert opinion "substitute for trial" mode in China,and explain the reasons for the inevitable knowledge deviation and the double evidence attribute of the expert opinion in the process of using the expert opinion to determine the facts of the case.As a result,the expert opinion cannot be fully utilized.The fourth part,combined with the problems and harms of the current judges ’expert opinion in China and the reasons for the formation of the expert opinion model,explore the way that judges can use the expert opinion more rationally,and promote the judges to use the expert opinion more fully.The expert opinion as a "scientific evidence" can be used to show the value of evidence for judges to solve complex problems and facilitate trial cases.