On The Cross-examination And Authentication Of Expert Opinion In Civil Action

The cross-examination and authentication of expert opinion on the law of evidence is an integral part in the civil action.However,there are still a lot of problems about the cross-examination and authentication of expert opinion in practice need to be further discussed and perfected.Stressing the importance of the cross-examination and authentication of expert opinion,especially that the expert witnesses should testify in court,will help to ensure the realization of procedure justice.Addition to the introduction,the text is divided into four parts,totaling about 30,000 words:The first part is about outline and definition of expert opinion.The expert opinion is a kind of conclusion about professional issues,made by examiner with his/her professional knowledge after analysis,identification and judgment.So the expert opinion should have the feature of objectivity,relevance,legitimacy,scientific and irreplaceability etc.And compare and analyze expert opinion and expert testimony,expert opinion and auxiliary expert.The second part focuses on cross-examination of expert opinion.In order to constrain the behavior of the examiner,improve the efficiency of the proceedings,and to protect the rights of the parties,the expert opinion submitted to the court must be examined.But in practice almost all the examiner don’t participate in the trial,to solve these issues the author have some suggestions,including the pre-trial exchange program,especially some detailed rules on the examiner taking part in the court.The third part is about the authentication of expert opinion.The examination of the expert opinion in practice has concentrated too much on the formal elements and other problems.By comparing and analyzing the practices of different legal systems,and considering our actual situation,the author put forward some suggestions including the qualifications of the examiner and the proof standard.The fourth section emphasizes that the cross-examination and authentication of expert opinion should be inseparable.To cross-examination is to make prepare for the judge examining the evidences,the judge must examine these expert opinion based on outcome of the cross-examination procedure.The two parts should not be spitted.