Research On The Effectiveness Of Expert Evidence Of Environmental Damage

After several years of development in China,the judicial identification of environmental damage has exposed some problems while protecting the ecological environment and promoting ecological restoration.The objectivity and scientificity of the judicial expertise opinion on environmental damage make it play a key role in proving the relatively professional and complex case facts in the litigation on environmental issues.However,it is undeniable that it still has certain limitations.The development of the judicial expertise on environmental damage is still not very mature.The judicial expertise opinion itself is only an auxiliary means for judges to identify the facts in the process of trying cases,The evidentiary effect of expert opinions is easily influenced by many factors.Therefore,the judicial expertise opinion of environmental damage can play its evidentiary value only after the process of cross examination.This paper expounds the judicial expertise of environmental damage from four aspects,including introduction,overview,problems and relevant suggestions.Among them,the introduction part includes the background and significance of the research,literature review part;The overview part analyzes the judicial identification of environmental damage and its related concepts,describes the development process and application of the judicial identification of environmental damage,compares different types of judicial identification and the evaluation of environmental damage identification under different circumstances,shows the prominent characteristics of the judicial identification of environmental damage,and analyzes the evidence effectiveness of the judicial identification of environmental damage in different types of cases,according to the civil private interest litigation The classification of civil public interest litigation and criminal litigation respectively discusses the differences of environmental damage judicial expertise in different cases and the influencing factors of its evidence effectiveness;The third part describes in detail the influencing factors of the effectiveness of environmental damage judicial expertise evidence shown in the second part through case analysis,that is,analyze the influencing factors of evidence ability and evidentiary force respectively,and Analyze the evidence relevance problems existing in the implementation of identification,as well as the identification standards and related problems existing in the process of cross examination.The fourth part puts forward corresponding solutions to the relevant problems,including starting with the institution and personnel management mechanism of environmental damage judicial expertise,solving the relevant problems in the subject of environmental damage judicial expertise,and easing the conflicts and shortages in the reality of judicial expertise as soon as possible.Clarify the burden of proof of the judicial expertise mechanism for environmental damage as soon as possible,achieve a fair distribution of the burden of proof,and promote the trial of environmental resources issues.In addition,it is necessary to speed up the establishment of a sound standard system for judicial appraisal of environmental damage,solve the problem of confusion of appraisal opinions in judicial practice,and suggest that the appraisal of compensation for environmental personal damage should be included in the system of judicial appraisal of environmental damage,so as to provide some support for the judicial appraisal of environmental damage.On the basis of the current provisions,we should further improve the system of environmental damage judicial expert testimony in court,improve the environmental damage expert assistant system,closely combine the expert assistant system with environmental damage judicial expertise,give full play to the role of environmental damage judicial appraisal,and ensure that the evidential opinions of environmental damage judicial expertise are adopted by the court,It can be recognized by both the plaintiff and the defendant to the greatest extent.At the same time,it is conducive to the follow-up work such as ecological environment restoration.Through a series of improvements,the judicial expertise of environmental damage can stand the substantive evidence test in judicial practice.