Research On The Rulies Of Evaluation And Adoption To Expert Assistant’s Opinions

The expert assistant system is an important supplement to the appraisal system of our country.The purpose of the system is to strengthen the litigants’ ability to cross-examine appraisal opinions and to provide support for reference and confirmation of "specialized problems to be verified" that do not meet the requirements of entrusted appraisal.The expert assistant’s opinion is the main result of the expert assistant’s participation in litigation activities.If we want to make it play a valid evidence,we must consider the positioning of the type of evidence,the competence of evidence,the probative force,and the review method that should be applied to the opinion.During the process of evidence review,the judges found that the experts in the case had inconsistent evidence conclusions,and the decision must be resolved through standardized evaluation and adoption rules.The rules of evaluation and adoption to expert assistant’s opinions referred to in this article is the rules determining the specific facts to be proved based on the content of the evidence.However,in the current norms,the rules of evaluation and adoption to expert assistant’s opinions have a root conflict with our country’s civil litigation evidence system,and it is urgent to sort out the causes and seek solutions.This article finds through normative analysis and empirical analysis methods that the competence of evidence of expert assistant’s opinions in the current norms is realized through legal fictional means,but the result of legal fiction is inappropriate.Furthermore,the current legal evidence types in our country are not comprehensive.Therefore,even if the fictional result is changed again,it will still conflict with the general rules of evaluation and adoption to evidence,and the unity of the content and the carrier to evidence cannot be achieved.Therefore,legislative means are needed to optimize the evaluation and adoption rules in the current norms.The first chapter is the general part.The definition of the concept of "expert assistant’s opinions" is appropriately expanded interpretation,then explore its evidence attributes.Define the concept of "evaluation and adoption rules".And explain the prerequisite criterion and the method of fact determination in the rules of the evaluation and adoption rules Analyze the system value of the expert assistant system based on evidence refereeism.The second chapter is the legal norm analysis part,Based on the review elements of "the competence of evidence" and "the probative force",Analyze the documented norms related to the "form of evidence" in the opinions of expert assistants in the current norms in our country.Analyze the relationship and difference between rules of evaluation and adoption to expert assistant’s opinions and the general rule.The third chapter is the empirical analysis part,which directly selects the samples by searching the relevant normative original texts,and then separately perform data analysis.On the basis of data analysis,this paper conducts a typical case analysis.Through empirical analysis,the author found that in practice,there is a state of inconsistency in the acceptance rules of expert assistants’ opinions.Regarding this state,the author analyzes its causes based on the conclusion of the normative analysis.The fourth chapter is recommendations,explain the necessity of establishing the expert assistant’s opinions as a separate type of evidence through legislative means.As well as,proposes to improve the review norms of the competence and the probative force of evidence and the rules of crossexamination methods for this new types of evidence from legislative amendments.