Study On Conclusion Of Expert Evaluation In Civil Litigation

The expert's conclusion plays a very important role in the lawsuit as one of the legal evidences in the law of legal procedure of our country. In the civil action, the party's lawsuit maintains that can be accepted by court, besides avoiding the item of the card , there must be corresponding evidences to support. In many situations, except that use such evidence kinds as documented evidence , material evidence , witness' testimony ,etc. and evidence method to prove party, the identification to the question of fact of the dispute between both sides often needs through analyzing, distinguishing, judging that draws a conclusion through the person with special knowledge outside the lawsuit, this kind of conclusion is a expert's conclusion. Our country " civil procedure " article 72 specially to determine relevant items make the regulation, but generally speaking, the civil procedure is still too simple to the regulation which appraises the system, not and the expert's conclusion do the unified , concrete and perfect regulation to appraising, comparatively operates confusedly in practice, many disadvantages exist yet in the understanding of expert's conclusion , use. This text appraises the system existing problem of the evidence to the judicial practice at present in our country promptly, plan to make two respects of cross-examination , authentication in system structure and lawsuit course in the course to start with from the expert's conclusion, to ensure the science , legitimacy and fairness as the legal evidence of expert's conclusion. And propose to the present judicial expertise system reform receiving much concern of our country in the course of composing a piece of writing some one's own pampers imagination.