关键词: 环境诉讼, 鉴定意见, 专家意见, 证明力, 心证

Abstract: Professional opinions (expert opinions and expert consultation) in environmental litigation play an irreplaceable role in finding out facts of a case and correctly applying the law. At present, China lacks specific and clear legal provisions on the probative power of professional opinions. Phenomena such as “relational appraisal” and “experts out of court” have led, to a certain extent, to the disposition and confusion of the probative power of professional opinions. In order to strengthen the probative power of professional opinions in environmental litigation, efforts should be made from the aspects of expert selection, evidence presentation, professional orientation and optimized participation, and to promote the reform and progress of legislation. That is, for forensic appraisal, a special environmental forensic expertise organization platform should be established, to protect the right of parties in environmental litigation to apply for appraisal under the guidance of judges; to explain the demonstration process and influencing factors of expert opinions in court; to unify and standardize the qualification of environmental forensic appraisal and evaluation institutions. In the amendment of relevant laws, the right of the parties to entrust appraisal by themselves shall be confirmed. For expert advice, the scope of “experts” should be expanded. Expert opinions shall be presented objectively. Expert opinions shall be “professional”. We should also explore the possibility of establishing expert jury system in environmental litigation.

Key words: environmental litigation, appraisal opinion, expert opinion, probative power, heart evidence