Study On The Rules Of Acceptance Of Opinions In The Judicial Appraisal Of Environmental Damage

Environmental tort cases are on the rise,and the most critical procedural part of such litigation is the trial.In the process of the trial,the referee must analyze and accept the evidence,so as to make a trial based on the facts of the case.Among them,as one of the important forms of evidence,the correct acceptance of environmental damage expert opinion can provide technical support for the environmental judicial trial and guarantee the scientific trial.At home and abroad,Research about judicial appraisal of environmental damage and the appraisal opinion is accepted are also growing,already involves multidisciplinary field,and formed the "construction of ecological civilization" and "trial centered" study consciously,for the merger of the two studies are the most important,this is conducive to the administrative system of judicial expertise and the relationship between the judiciary connection.However,it is necessary to pay attention to the fact that the judicial appraisal of environmental damage is scientific,comprehensive and environmental,so its admission rules are different from those of general evidence and other scientific evidence.In terms of the mode of adoption,this paper studies the development and connotation of statutory and liberal adoption.On the basis of reflecting on them,the acceptance criteria are divided into authenticity,general sufficiency and scientific sufficiency.And on this basis to make a choice is to face up to the tension between the practical needs and the academic needs.In terms of system content,the exploration and construction of rules of proof such as authenticity,general sufficiency and scientific sufficiency can help solve the factual problems,judicial cognition problems and technical problems in the judicial appraisal of credible environmental damage.In the judicial appraisal of environmental damage,the appraiser has the qualification of relatively independent litigant participant.However,it is necessary to improve the system of expert witnesses and people with special knowledge to appear in court and the procedure of pre-trial discovery of environmental damage assessment opinions,and to establish the cross-examination in the investigation stage of the trial court,which is conducive to the construction of cross-examination procedure and to solve the problem of false cross-examination procedure caused by the prevalence of judicial red tape and the need for substantive reform of the trial.