Research On Civil Forensic Indemnity Litigation

With the development of social economy and the progress of science and technology,civil cases are gradually becoming more and more complicated,especially involving professional fields.Judges handling cases need professional technical support to ensure the objective and fair trial of cases.The maturity of forensic technology and the nature of forensic opinions formed by forensic expertise--one of the legal evidence of civil litigation,forensic expertise is more and more applied in litigation activities and plays an important role in the process of the court’s determination of case facts,but it also leads to the increasing number of forensic disputes.As the proverb goes,"no remedy,no right",the increase of the situation that the judicial appraisal damages the interests of the original litigant puts forward higher requirements for the current judicial reform centered on trial.In order to safeguard the legitimate rights and interests of the litigant,the reasonable demands of the litigant must be provided with effective remedies.In judicial practice,because appraisal institutions are under the unified management of judicial departments,the relief of false judicial expertise is mainly manifested as administrative relief.However,the existing administrative laws and regulations do not have perfect provisions on the administrative responsibility of relevant appraisers,and the punishment is relatively light,which cannot really form an effective deterrent to appraisal institutions and appraisers.Because there are still many disputes on the theory of litigation relief,the degree of litigation relief on the judicial appraisal damage dispute is low,the case is difficult to accept,and the procedural rights of the parties can not be guaranteed.It is difficult to win the lawsuit,and the entity rights of the parties are difficult to be effectively remedied.As the last line of defence of the parties rights,civil judicial identification system of damage compensation lawsuit theoretical exploration and perfect the civil judicial identification disputes has become the present better important proposition,to regulate the court proceedings,the use of the judicial process to resolve contradictions,fixed pattern check,systematic solution for civil judicial identification of the damages caused by wrong disputes,is beneficial to fully protect the rights of litigant’s procedure and entity,maintain neutrality of judicial appraisal,better safeguard judicial justice.The body of this paper is divided into the following four parts:The first part is the introduction.This part mainly includes the research background,research significance and literature review of this paper.By summarizing the research status of civil forensic damage litigation at home and abroad,it provides the basis for the topic discussed in the following article.The second part is an overview of civil forensic litigation for damages.This part mainly analyzes the relevant concepts of civil forensic science,clarifies the causes of forensic science damage and the nature of civil forensic science damage litigation,and solves the concept and other related issues for the following in-depth study of the necessity and feasibility of the construction of the litigation procedure.The third part is the analysis of the current situation and predicament of the civil forensic damages litigation in our country.This part through the summary and analysis of the existing judgment and the judge’s reasoning in the judicial documents network,show the current situation and existing problems of the civil forensic damage litigation in judicial practice in China.The fourth part is the perfection of our civil judicial appraisal damages litigation system.This part mainly puts forward the principle requirements and specific suggestions to improve the system in view of the practical difficulties existing in the civil forensic damages litigation in our country.