| With the fast development of society and the more and more refined labor division an all-round can seldom been found now. People always lie on other's knowledge and craftsmanship because of their deficiency of specialty lore, capability and experience, or limited time and energy. Under this circumstance, people prefer to rest on the experts, who possess specialty knowledge, skill and certified qualification. Consequently, the foundation of experts' civil liability system has great signification in the development of market economy and the maintenance of parties' profit.This thesis works over the experts' civil liability, uses comparison, historical analysis and legal value analysis to investigate the every modality of experts' civil liability. By these means, the author tries to promote the realization of the experts' civil liability theory, arouse the regard and besteads the instauration and perfection of experts' civil liability system.The whole thesis divides into four parts.The first part discusses the basic issues of experts' civil liability. It is the part of putting forward questions. The author defines the relative notions of expert and experts' civil liability, then probes into the imputation principles and puts forward that the imputation principles should be fault liability.The second part focuses on the types of experts' civil liability, combined with its objects and the characters, in which the author discusses the civil liability between experts and clients, including liability of contact and liability of tort. The author also analyzes the experts' liability to the third parties who have no contractual relationship with them, especially the liability to the third party caused by experts' misrepresentation.The third part turns to see the liability which experts need to bear, in which the author analyzes the elements of liability component by investigating the fault of experts,the fact of damage and the causality, and the relative issues including the subject of liability, the limitation of the bearing of liability and liability insurance system.The fourth part is the conclusion of the whole thesis, in which the author probes into the foundation of experts' civil liability in our country. In this part the author gives advices on the foundation of our experts' civil liability system both in macroscopical foundation of system and microcosmic designation of provisions. |
