主管:中华人民共和国司法部
主办:司法鉴定科学研究院
ISSN 1671-2072  CN 31-1863/N

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    The Combined Application of Trace Science and Forensic Medicine in the Identification of Multi-vehicle Accidents
    JIANG Zhenfei, ZOU Donghua, ZHAO Minghui, CHEN Jianguo, GUAN Chuan
    Chinese Journal of Forensic Sciences    2021, 0 (6): 96-102.   DOI: 10.3969/j.issn.1671-2072.2021.06.014
    Abstract222)      PDF(pc) (2808KB)(1385)       Save
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    Reflection on the Credibility of Forensic Appraisal and Choice of Resolving System Mechanism
    ZHU Jinfeng, WU Hejian
    Chinese Journal of Forensic Sciences    2021, 0 (5): 32-46.   DOI: 10.3969/j.issn.1671-2072.2021.05.004
    Abstract287)      PDF(pc) (2312KB)(1290)       Save
    As a typical representative of applying natural science and technology to solve factual problems in litigation, forensic appraisal has played a key role in promoting judicial modernization and forensic justice. The parties to the litigation have given great trust in appraisal opinions. However, as problems continue to be exposed, it has also been criticized by all walks of life. To re-establish the credibility of forensic appraisal, in addition to a correct understanding of the evidence validity of forensic appraisal in terms of concepts and avoiding the situation of “following appraisal only”, it is also necessary to observe appraisal from the management perspectives such as management mode, management scope, and management methods, and from the perspective of litigation such as appraisal initiation, appraisal implementation, and from evidence perspectives such as appearance of appraisers, expert assistants, and authentication of appraisal opinions, so as to improve forensic appraisal credibility. At the same time, it is necessary to reinterpret some concepts such as the enforcement of the party’s right to apply for appraisal, the application of technical standards of appraisal, and the basic mode of admissibility of appraisal opinion, so as to correct the microscopic misunderstandings in the theoretical and practical circles.
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    The Endogenous Basis of the Credibility of Forensic Appraisal and the Optimization of Its Promotion Path
    GUO Hua
    Chinese Journal of Forensic Sciences    2021, 0 (5): 1-8.   DOI: 10.3969/j.issn.1671-2072.2021.05.001
    Abstract443)      PDF(pc) (1296KB)(1286)       Save
    Forensic appraisal has the problem of insufficient credibility in the process of deepening the reform of its management system and mechanism. Enhancing and improving its credibility have become one of the urgent problems to be solved in the reform. It appears that the authority of forensic appraisal is absent, which in essence reflects the lack of confidence in its scientificity. The credibility of forensic appraisal is subject to a lot of mistrust derived from the steering of public opinion, disputes between the parties and the evaluation of the user department. It stems from the negative effect of excessive reliance by some judges on appraisal opinion as evidence instead of facts finding, and is rooted in the erosion of its reliability and the reduction of its credibility. To solve this problem, we need to reduce the factors affecting the credibility of forensic appraisal from the outside, eliminate the deviation of understanding and the misleading public opinion, build the internal foundation of the scientificity of forensic appraisal, and maintain its credibility by respecting the scientificity of forensic appraisal, so as to obtain the authority of forensic appraisal and improve its credibility.
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    Research on the Application of Blockchain to Improve the Credibility of Forensic Appraisal—Taking Maritime Forensic Appraisal as a Sample
    HAO Zhipeng
    Chinese Journal of Forensic Sciences    2021, 0 (6): 10-18.   DOI: 10.3969/j.issn.1671-2072.2021.06.002
    Abstract548)      PDF(pc) (1428KB)(1276)       Save
    The institutional, procedural and practical problems exposed in the long-term practice of forensic appraisal system have become the bottleneck and chronic disease restricting the further improvement of the credibility of forensic appraisal. As an important branch of forensic appraisal system, maritime forensic appraisal has high sample reference value in the analysis of the credibility of forensic appraisal. Based on the concepts and technical advantages of blockchain decentralization, non-tampering, openness and transparency, it is suggested to learn from and absorb the innovative practice of blockchain in five aspects: perfect management, optimization of procedures, sorting of appraisal norms, evidence conversion and storage, and process disclosure, to avoid the possible institutional risks of blockchain, and take maritime forensic appraisal as the pilot, explore ways to improve the credibility of forensic appraisal that match the requirements of forensic reform and the construction of smart courts.
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    Compliance Management and Standardization: Building the Credibility of Forensic Appraisal in the Era of Scientific Evidence
    WANG Xu, CHEN Jun
    Chinese Journal of Forensic Sciences    2021, 0 (6): 1-9.   DOI: 10.3969/j.issn.1671-2072.2021.06.001
    Abstract505)      PDF(pc) (1391KB)(1190)       Save
    Forensic appraisal serves litigation activities, involving the rights of both parties and other public interests of the society, and its credibility building is very important. As an important part of judicial activities, forensic appraisal has the social attributes of science, law and service. In the age of scientific evidence, litigation relies on evidence, and evidence usually relies on forensic appraisal, which has caused the social influence of forensic appraisal to increase year by year. As the number of appraisal institutions gradually becomes saturated, their socialization, marketization, and profitability have brought disordered competition, while forensic appraisal scalpers and negative reports on false appraisal continue, the scientificity and reliability of appraisal opinions have also been disputed among academic community. Disputes among the public, media, and practice circles have caused the credibility of appraisal to fall into many difficulties. Through systematically sorting out the concepts of compliance, credibility, scientific evidence, etc., this article analyzes the real dilemma of forensic credibility construction, introduces the latest concept of the ISO 37301 compliance management system of the International Organization for Standardization, and proposes that credibility construction is a systematic project, which can be carried out in the following multiple dimensions exploration: to use compliance management to improve the standardization of forensic appraisal management, and to use “Daubert Principles” as the framework standard for forensic science/forensic authentication; to use technical standard system construction to enhance the scientific trust of forensic appraisal; to strengthen process management, to strengthen the construction of a credit system, and to comprehensively improve customer satisfaction in forensic appraisal.
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    The Improvement of the Credibility of Forensic Appraisal from the Perspective of Forensic Appraisal Management
    SHENG Shuhong
    Chinese Journal of Forensic Sciences    2021, 0 (6): 28-36.   DOI: 10.3969/j.issn.1671-2072.2021.06.004
    Abstract584)      PDF(pc) (1218KB)(1174)       Save
    Forensic appraisal opinions provide judges with a professional reference basis, which in turn influence judges’ judgments on cases and determine the allocation of interests between parties. The development of the judicial appraisal industry determines the overall level of the country's judicial system to a certain extent. The frequent occurrence of negative news about forensic appraisal has greatly damaged the credibility of forensic appraisal, and the damage to the credibility of forensic appraisal will inevitably have an impact on the country's judicial credibility. To legislate on and improve the judicial appraisal management system, to eliminate the stubborn problems that currently exist in the forensic appraisal industry, to  clean the atmosphere of the forensic appraisal industry, to promote the benign interaction between judicial appraisal and  judicial organs, and to rebuild the credibility of judicial appraisal are the inevitable choice for the healthy development of the forensic appraisal industry and a sound response to the concerns of the public.
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    Analysis of the Relationship Between Injury and Disease from 22 Tooth Loss Cases

    PENG Zhao, ZHAN Mengjun, FAN Fei, et al
    Chinese Journal of Forensic Sciences    2021, 0 (4): 48-54.   DOI: 10.3969/j.issn.1671-2072.2021.04.006
    Abstract223)      PDF(pc) (4011KB)(1171)       Save

    Objective To explore the injury characteristics of post-traumatic tooth loss, put forward the analysis principles of the relationship between injury and disease, and provide reference for forensic clinical identification. Methods The 22 cases of post-traumatic tooth loss were collected from Sichuan West China forensic medicine identification center between February 2016 and January 2020. Descriptive statistical analysis was used in all case studies according to the basic information, the first diagnosis time after injury, other additional oral injuries,previous dental history, dental imaging examination, entrusted items, expert opinion, and other information. Results In all cases, the most likely sites and types of teeth missing after trauma were maxillary and incisor, respectively. In the early cases after injury, except for the loss of teeth, there were different degrees of oral and maxillofacial injuries. Oral imaging examination has a high value in the evaluation of the degree of oral lesions. Nearly half of the cases involve the analysis of the relationship between injuries and diseases. Conclusion The analysis points of such cases can be better grasped, according to the clear history of trauma, post-traumatic treatment record, especially combined with oral imaging examination, and using the analysis principle of the relationship between injury and disease proposed in this study.

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    Practical Obstacles and Policy Suggestions Regarding Fraud Appraisal Responsibility— From the Perspective of Liability for Fraud Appraisal under Article 33 of the New Provisions on Civil Evidence
    WANG Guiyue, ZHANG Haidong,
    Chinese Journal of Forensic Sciences    2022, 0 (2): 1-7.   DOI: 10.3969/j.issn.1671-2072.2022.02.001
    Abstract1379)      PDF(pc) (1011KB)(1119)       Save

    The Supreme Peoples Court amended Article 33 of Several Provisions on Evidence in Civil Litigation in 2020, which added the system of liability for fraud appraisal, aiming at  deterring frequent occurrence of fraud appraisal in the marketization reforms of judicial appraisal, so as to improve the quality of judicial appraisal for the court. It is an inevitable choice worldwide to strengthen litigation restraint on forensic science. However, the current legislation has a series of obstacles in this regard, such as the unclear meaning of fraud appraisers, the lack of ability by judges to evaluate it, expert witness implicitly refuses to identify because of the potential risk of liability. The legislation should further define the meaning of fraud appraisal, allow professionals to participate in evaluating process of fraud appraisal, and strictly limit the scope and risk of appraisers. Only by reforming the establishment of appraisal institutions from  private to public non-profit institutions can the persistent problem of fraud appraisal be finally solved.

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    Design and Analysis of Proficiency Testing in the Field of Forensic Appraisal of Electronic Data—Taking the Functional Appraisal of Electronic Data in 2021 as an Example 

    GUO Hong, YANG Kai, GENG Puyang, LI Yan, LU Qimeng, LING Rong, JIA Rujing
    Chinese Journal of Forensic Sciences    2022, 0 (1): 38-44.   DOI: 10.3969/j.issn.1671-2072.2022.01.005
    Abstract276)      PDF(pc) (1914KB)(1093)       Save

     As an important part of judicial procedures, electronic data judicial appraisal is of great significance to ensure the standardization of the forensic appraisal process and the correctness of judicial appraisal opinions for maintaining judicial justice. For electronic data judicial appraisal laboratories, proficiency testing is an effective means of quality control and improvement. As an important part of electronic data judicial appraisal, it is necessary to implement electronic data functional appraisal proficiency test for quality control. By reviewing the feedback of the electronic data functional appraisal proficiency test in 2021(2021SF-CNAS 034), this paper expounds relevant matters that should be paid attention to in the process of electronic data functional identification, analyzes the development status of domestic industries and regions in this field, the correctness of the feedback of participating institutions, the appraisal method, and the use of appraisal tools. This paper further discusses the current problems of proficiency testing in this field, summarizes the measures that can be taken, and prospects the future development of this field.

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    Evidence Effect of the Party’s Self-Entrusted Appraisal from the Perspective of the Credibility of Forensic Appraisal
    SHI Changqing
    Chinese Journal of Forensic Sciences    2021, 0 (5): 20-31.   DOI: 10.3969/j.issn.1671-2072.2021.05.003
    Abstract224)      PDF(pc) (1818KB)(1092)       Save
    It is a practical problem closely related to the credibility of forensic appraisal to judge the validity of appraisal entrusted by parties themselves. As an important means for parties to obtain evidence, the qualification of appraisal entrusted by parties as evidence has been recognized by law, but the rule of reviewing its weight of proof has been in a vague state for a long time. The main reason is that the nature is not clear, and there are long-standing theoretical disputes regarding the nature of forensic appraisal, such as expert opinion, witness testimony, documentary evidence and parties' statement. In view of the strict proof system mainly adopted in China, if a certain evidence material is excluded from the statutory evidence category, it will not be able to clarify the rule of evidence review and judgment. Therefore, it is necessary to classify the appraisal entrusted by the parties into the most similar legal evidence category, namely documentary evidence. However, different from ordinary documentary evidence, the review of evidence validity of private appraisal opinion focuses on its weight of proof, and the review process should be divided into four stages: evidence presentation, preliminary confirmation of weight of proof, cross-examination, and final confirmation of weight of proof. In addition, compared with other evidence, appraisal entrusted by court or by administration is generally of greater probative force than that entrusted by parties themselves, while the appraisal entrusted by the parties unilaterally is weaker than that entrusted by the parties jointly, but it should still be analyzed in specific cases. 
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    Research Progress of Synthetic Cannabinoids New Psychoactive Substances

    LIU Mengxi, XIANG Ping, YU Zhiguo, et al
    Chinese Journal of Forensic Sciences    2021, 0 (4): 30-40.   DOI: 10.3969/j.issn.1671-2072.2021.04.004
    Abstract233)      PDF(pc) (974KB)(1079)       Save

    Synthetic cannabinoid SCsnew psychoactive substances refer to synthetic endogenous cannabinoid CB1 and CB2 receptor agonists. These substances mostly appear in the form of spices, petals, tobacco and electronic cigarette oil. Taking synthetic cannabinoid has strong hallucinogenic, calming and inhibitory effects on the human body, resulting in strong pleasure. However, with side effects such as insanity, dizziness, drowsiness, restlessness, irritability, bad heart and vomiting, it poses a major threat to public health and safety. The structural types, sample pretreatment methods, analytical methods and applications of synthetic cannabinoids were reviewed in order to provide reference for forensic practice.

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    Analysis and Research on the Characteristic Change of Peeling Fingerprint

    ZHAO Yuhan, QIAN Huanggui, SHI Shaopei, SUN Nianfeng
    Chinese Journal of Forensic Sciences    2021, 0 (6): 68-71.   DOI: 10.3969/j.issn.1671-2072.2021.06.009
    Abstract233)      PDF(pc) (9344KB)(1071)       Save

    Objective At present, the identification of fingerprints in forensic practice still relies mainly on the identification of fingerprint details that meet a certain number of requirements, however, the specificity of print characteristics and stage characteristics does not require the same identification process to meet a certain number, which provides an important basis for the identification of fingerprints. This paper mainly analyzes the changing process of peeling fingerprint and the characteristics of peeling fingerprint, so as to apply them to the forensic practice. Methods In this paper, the different characteristics of the same finger were observed under microscope, and the characteristics were measured by the auxiliary application system of forensic science, the stage change process of fingerprint peeling reflected in fingerprint characteristics was studied. Results After fingerprint peeling, each stage of its dynamic repairing can be reflected in the corresponding fingerprint, and the characteristics of the peeling fingerprint are specific in a certain period. Conclusion In the practice of forensic science, the characteristics of peeling fingerprint are not only of great importance to the identification of the same fingerprints, but also can be used to estimate the relative time of stamping through the tendency of peeling marks in fingerprints, it also provides the reference value for the relative time of document making.

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    The Improvment of Civil Forensic Appraisal System from the Perspective of Civil Evidence Rules Reform
    YANG Xiaoli
    Chinese Journal of Forensic Sciences    2021, 0 (5): 9-19.   DOI: 10.3969/j.issn.1671-2072.2021.05.002
    Abstract196)      PDF(pc) (1583KB)(1063)       Save
    Civil forensic appraisal system involves civil evidence system and forensic appraisal management system, and its improvement needs “coordinated rush” of the two systems. From the date of its emergence, the two systems have different definitions of its meaning, and the process from disagreement to unification is also the process of its positioning. Along the line of historical development, the reform of civil evidence system including the civil appraisal system is sorted out. The reform of the civil evidence system centered on the reform of burden of proof has brought improvement of the appraisal system in all aspects. For the problems to be solved, it is necessary to realize the scientific cognition of the appraisal system, the clear positioning of appraisers, the content of the right of appraisal interpretation and the clarification of the relationship between forensic appraisal and burden of proof. Of course, the enactment of Civil Evidence Law is also the call of the new era.
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    Research on the Countermeasures to Improve the Credibility of Forensic Appraisal
    A Qila
    Chinese Journal of Forensic Sciences    2021, 0 (6): 37-42.   DOI: 10.3969/j.issn.1671-2072.2021.06.005
    Abstract523)      PDF(pc) (902KB)(1049)       Save
    Forensic appraisal is an indispensable link in judicial practice. Its role is to improve judges?謘 cognitive judgment, solve complex and professional issues involved in the judiciary, and reproduce the facts of the case, so as to provide sufficient basis for judicial organs to make accurate rulings. Therefore, judicial appraisal is not only an important means to ensure judicial justice, but also an effective way to promote the gradual improvement of the entire forensic appraisal system. To ensure the credibility of judicial appraisal is conducive to the parties' acceptance of judgments. With the continuous development of society, people's awareness of the rule of law has become higher, the role of judicial appraisal in litigation has also become more prominent, and the people's requirements for the fairness and impartiality of judicial appraisal have further increased. However, there are many influencing factors to forensic appraisal, which makes China's forensic appraisal credibility face severe challenges. Through the analysis of the concept and characteristics of the credibility of forensic appraisal, the lack of credibility of forensic appraisal in China is explained, the main influencing factors are analyzed, and relevant measures to improve the credibility of forensic appraisal are put forward in combination with the actual situation, in order to help promote our country's continuous improvement of the judicial appraisal system.
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    RNA and Its Research Progress in Forensic Genetics

    ZHANG Jiayi, XU Qiannan, CHEN Liqin, ZHAO Zhenmin, LIU Xiling
    Chinese Journal of Forensic Sciences    2021, 0 (3): 36-44.   DOI: 10.3969/j.issn.1671-2072.2021.03.004
    Abstract161)      PDF(pc) (922KB)(1045)       Save

    DNA genetic markers have been playing a leading role in the application and research of forensic genetics. With the development of molecular biology detection technologies, more and more genetic markers, such as DNA methylation and RNA, can be applied in forensic genetics. As an indispensable bridge for expression of individual genetic information, RNA has its unique application value due to its various characteristics such as tissue specificity and time specificity. In recent years, many scientists tried to apply it to many fields of forensic research, which can be used for inferring death time, cause of death, wound formation time, speculation of scar formation time, and body fluid source and age inference, etc. In order to further explore the application value of RNA in forensic genetics, we will review the recent research and application of RNA in forensic genetics.

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    Research on the Development and Problem of Forensic Appraisal of Eco-Environmental Damage in China

    ZHANG Qiang, CAI Junxiong, LIU Zhe, et al
    Chinese Journal of Forensic Sciences    2021, 0 (4): 1-9.   DOI: 10.3969/j.issn.1671-2072.2021.04.001
    Abstract354)      PDF(pc) (1103KB)(1032)       Save

    The assessment conclusion or expert opinion of eco-environmental damage is an important basis for the decision of environmental administrative punishment, and also an important basis for the criminal trial of environmental pollution, civil tort liability litigation, damage compensation consultation and litigation. This paper elaborates the different origins, development process and current situation of forensic appraisal and forensic evaluation of eco-environmental damage in China, focusing on the construction and situation of appraisal institutions, the establishment and improvement of appraisal technical norm and standard system, and the promotion of two major systems of compensation for eco-environmental damage and public interest litigation by procuratorial organs. This paper analyzes and puts forward the main problems in the development of forensic appraisal of eco-environmental damage in China.

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    Explore the Content of Duty of Care in Diagnosis and Treatment from Cephalosporin Antibiotic Allergy Cases
    HUO Ting, WANG Yue
    Chinese Journal of Forensic Sciences    2022, 0 (2): 88-93.   DOI: 10.3969/j.issn.1671-2072.2022.02.014
    Abstract135)      PDF(pc) (1016KB)(1031)       Save


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    The Correlational Research Between the Leading and Trailing Edges High Level of the Compressive Vertebral and Bone Mineral Density

    MA Wenjing, ZHANG Xin, WANG Jingjing, LIU Hua, LIU Fan
    Chinese Journal of Forensic Sciences    0, (): 51-55.   DOI: 10.3969/j.issn.1671-2072.2022.02.008
    Abstract141)      PDF(pc) (680KB)(1027)       Save

    Objective To study whether the leading and trailing edge's high level of the compressive vertebral and bone mineral density have relevance or not after falling, in order to provide theoretical basis for forensic clinical identification of vertebral fracture is considered injury/illness relationship, then in order to serve the judicial litigation more scientifically. Methods A total of 365 subjects were selected and divided into trauma group, trauma with osteoporosis group, pathological osteoporotic vertebral fracture group and blank control group. Quantitative CT (QCT) was used to measure the bone mineral density of each subject, MRI was used to measure the height of the anterior and posterior edges of the compressed vertebral body, and the ratio of the anterior to posterior edge height was calculated. SAS 9.3 software was used for data processing, and t-test, x2 test, Fisher's exact test, and one-way variance were used for statistical analysis. Results The correlation coefficient of the vertebral height ratio and bone mineral density is 0.436, but r20.5so it has no practical significance. Conclusions It has no correlation between the leading and trailing edge's high level of the compressive vertebral after falling down and bone mineral density, so when we use 5.9.3bof the human body damage degree standard in handling such cases, consider injury/illness relationship is not recommended.

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    Research Progress of Forensic Identification of Visual Dysfunction after Ocular Trauma

    YU Xiaoying, CHEN Jiemin, ZHOU Zhilu, et al
    Chinese Journal of Forensic Sciences    2021, 0 (4): 41-47.   DOI: 10.3969/j.issn.1671-2072.2021.04.005
    Abstract221)      PDF(pc) (1017KB)(1022)       Save

    Ocular trauma is an important cause of visual impairment. The ocular trauma score OTSformulated by the American association of ocular trauma according to the initial visual acuity level after ocular trauma is helpful to estimate the postoperative visual acuity. Based on this, domestic scholars have studied and established a regression equation to calculate the postoperative visual acuity according to the initial visual acuity after injury. The research results about the relationship between the factors of eye diseases and vision, such as the correlation between the changes of eye structure and vision in myopia, age-related diseases will also have a considerable impact on vision, and have a certain regularity, which has significance in the evaluation of vision after ocular trauma, especially in the identification of injury relationship. In addition to the above, the specific medical process and other influencing factors of intervention after ocular trauma will also have a certain impact on the vision after recovery. In the forensic examination and identification of visual function, it is necessary to comprehensively grasp the relevant information, objectively analyze various influencing factors, and make a comprehensive analysis and evaluation combined with visual electrophysiological test technology.

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    Research on the Probative Power of Appraisal Opinions and Expert Opinions in Environmental Litigation
    WANG Canfa, ZHANG Tianze
    Chinese Journal of Forensic Sciences    2021, 0 (5): 47-54.   DOI: 10.3969/j.issn.1671-2072.2021.05.005
    Abstract185)      PDF(pc) (1349KB)(1013)       Save
    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.
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