On The Expert Opinion System Of The Evidence Rules

The three basic procedure laws, which are currently in effect all regulate seven species of evidences. Objectively, these sorts of evidence materials, which are used to prove the truth of case in the three proceedings, satisfy basically the needs for examining and distinguishing all kinds of facts in the cases.However, when special technology matters are involved in the case, and such matters are beyond the understanding of average persons(including the judge), and beyond their capacity for dealing with, the judges are often inclined to resort to the expert in such fields to find the truth in the case. The expert will offer help in the form of giving expert opinion. In the seven sorts of statutory evidences, the experts' status are expert examiners, and the expert opinions manifested conclusions of expert evaluation. To tell the truth,expert' s conclusions play an indispensable vital part in assisting the judge hearing case involving specialized problems. .But,with the advance of the science and technology and the development of the society and economy, more and more such cases will spring up. Some of them can be dealed with in the use of special technology methods by the expert directly, some are difficult to be maintained with the expert conclusions merely, and the others are unfit for giving expert' s conclusions. In order to make up such defects, recently, the Supreme People' s Court stipulated two judicial interpretations about Civil Procedure Evidence Rules and Administrative Procedure Evidence Rules, whichregulated a new identity expert----expert witness. As for some special questions, the expertwitness can offer his opinion in another way in court, which named expert testimony, to help the judges hold the special matters.To understand properly the expert opinion and acknowledge its diverse forms and its diverse useness in the proceedings, furthermore,to set up and perfect this system afterwards, the author thought that it' s necessary to study it. This paper defined firstly the expert opinion and other appropriate concepts, then researched and evaluated the related system in the western countries and made a comprehensive comparison on such system between the two western genealogy of laws. Next, the auther reviewed briefly the expert opinion systems currently in operation of our country. In the forth part, the paper held that we should set up such expert opinion system as the expert testimony parallel with the expert' s conclusions. The auther analysed its necessity,its possibility and its influence on the theory research of proceedings evidence, legislations and judicial practice of our country. In the last part,the author put forward some legislation suggestions for setting up and perfecting the expert opinion system of our country based on the facts.