关键词: 民事诉讼, 诉讼行为, 司法鉴定, 运用

Abstract: From the perspective of the judge trying a case, exert evaluation is a means that he/she can use to determine the facts. However, the existing norms are mainly procedural ones, which have few restrictions on the behaviors of judges in specific use of expert evaluation. This has resulted in problems of the judges' use of expert evaluation at random, such as misuse of expert evaluation, wastes of judicial resource, defective expert evaluation conclusion, inadequate safeguard of the rights of parties and appraisers, and non-uniform standards for conclusion and examination. Therefore, it is necessary to resolve these problems existing in the judges' use of expert evaluation from the aspects of principles and specific norms. The expert evaluation system may only be improved when these problems are being addressed.

Key words: civil litigation, litigation behavior, expert evaluation, use