关键词:

《民事证据规定》, 环境损害, 鉴定人, 鉴定意见

Abstract:

The new provisions on civil evidence reconstitute the litigation status of forensic appraisers and the statutory entrustment requirements of appraisal in civil proceedings, and the forensic appraisal of environmental damage which is the most important step in environmental justice should be adjusted accordingly. From the perspective of the definition of connotation of appraisal opinion, it is necessary to change the dependency only on qualification of the appraising agent and on techninology in the past when the court accepted the appraisal opinion of environmental damage to the legal doctrine centered on trial. From the perspective of appraiser’s litigation status, among the system of “the person with specialized knowledge”，the appraiser and “expert assistant” entrusted by parties, the appraiser and “expert assistant” appointed by court should comply with the requirements of the substantive reform of trial，and clarify the technology confrontation role of the person with specialized knowledge hired by the parties in the trial and the neutral auxiliary function of the judicial expert appointed by the court to the judge. Starting with the reconstruction of the new provisions of civil evidence, it also needs to be extended to the environmental justice specialization. It is necessary to establish in a timely manner the rule of connection and transformation of forensic appraisers of environmental damage and their opinions in different litigation procedures with the process of centralized management of environmental cases, such as civil litigation, criminal litigation, and administrative litigation.

Key words:

provisions of civil evidence, environmental damage, forensic appriaser, appraisal opinion