Research On The Validity Of Opinions Of Experts And Assistants In Civil Litigation In My Country

At present,our country mainly relies on our country's judicial expertise system to appraise the professional and technical problems involved in the cases,and the judicial expertise system is impossible to solve all the professional and technical problems in judicial practice due to the limitation of its expertise scope.With the penetration of innovative and professional cases into traditional civil and commercial disputes,especially in the fields of intellectual property rights,medical malpractice,finance and trade,and environmental disputes,judges are faced with the problem of judging and ruling on the professional and technical issues involved in cases.In addition,in judicial practice,China's judicial expertise system appears a dominant situation,resulting in a lot of judgment results rely heavily on the "concluding" opinion of the expertise,resulting in the appraisal opinion has the effect of pre-judgment.It is in this context that the relevant legal system in the field of civil justice is being explored,improved and perfected in actually practice.This paper is mainly divided into three chapters.The first chapter is an overview of the current situation of the effectiveness of expert support opinions in China.The first section introduces the different main body perspective for expert auxiliary views on the cognizance of nature,for expert auxiliary people know different litigation status,inevitably leads to the opinion of the expert auxiliary properties have different understanding,based on this premise,supplemented by case in judicial practice,discuss respectively the court,the parties,the perspective and the perspective of experts the litigation status of the auxiliary one.In the second section,the academic community's views on the nature of expert assistant opinions are sorted out.The academic community has heated discussions on whether "expert assistant's opinions on the professional issues involved in the appraisal opinions or case facts in court" are legal evidence,that is,whether they are qualified as evidence.The third section,starting from the actual effect of the expert assistant's participation in court cross-examination,respectively discusses the effect of their opinions on the appraisal opinions,the court,the parties and themselves,and then lays a foundation for the next step to explore the reasons for the debate on the effectiveness of the expert assistant's opinions.In the second chapter,this article the author on the influencing factors of auxiliary one expert effectiveness play system is analyzed and revealed that induces the influence our expert auxiliary people opinions for give full play to the four factors,respectively is a specialist aided people litigation status of the fuzzy and expert opinion attribute is unknown,experts aided people rights and obligations is not clear and expert opinion lack of admissibility rules.In the first section,Different understanding of the litigation status of the expert assistant inevitably leads to different views on the opinion attribute of the expert assistant.The definition of the litigation status of the expert assistant is the premise of identifying its opinion attribute.Therefore,clarifying the litigation status of the expert assistant is helpful to give full play to the substantive role of the expert assistant opinion.As for the opinion attribute of the expert assistant,there has been constant controversy in the academic circle.The opinions expressed by the expert assistant belong to debate opinions,cross-examination opinions or evidence.This issue is analyzed in the second section.The third section analyzes the status quo of unclear rights and obligations of expert assistants.In the fourth section,the author makes a preliminary exploration on the current situation of the absence of the rules for the acceptance of expert assistant opinions and the definition of the standards for the acceptance of judges,and draws the conclusion that the acceptance standards need to be formulated.The third chapter of this paper discusses the concrete measures to improve the mechanism of expert assistant opinions.so as to give the legal basis for the expert assistant to appear in court for cross-examination.we can establish the specific and feasible examination standard and start procedure,so that the expert assistant can have rules to follow for the cross-examination of appraisal opinions.From the level of judge's acceptance,the standard of judge's acceptance of expert assistant opinion is constructed to ensure the evidence effectiveness of expert assistant opinion.