对专家意见有效性的法理和法律审查

Abdul-Qudous Mazhari
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引用次数: 0

摘要

经验是司法证明的方法之一。必要时,可借助经验来揭示或加强现有证据。由于提交给司法机构的事实的准确性、复杂性和经常的隐蔽性,专业技术知识在现代社会中的作用越来越大,这使得法官需要帮助。法官需要经验丰富的专业人士的帮助,并从他们的建议中获益。毫无疑问,在法官发现的科学或技术案件中,专家被视为司法助理中不可或缺的一员。他不能考虑一些需要其专业特长之外的专门知识的案件。法官的目标是查明真相,做出裁决。公正,而要做到这一点,就要寻求有经验的人的帮助,他们的意见是证明主张的一种手段。有一点是两个人都不会有异议的,那就是法官无论拥有多少知识和广博的知识,也不可能理解所有不同的科学和艺术,尤其是微妙的案件,因此,法官在作出裁决时,免不了要参考有经验、有知识和有专长的人的意见,让法官在放心和信任的基础上作出裁决,更接近于实现真相和解决争端。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Jurisprudential and Legal Review of the Validity of the Expert’s Opinion
Experience is one of the methods of judicial proof. It is resorted to, if necessary, revealing or strengthening existing evidence. The increasing role of technical expertise in our modern era comes - due to the accuracy, complexity and often hidden nature of the facts presented to the judiciary - making the judge need help. With experienced and specialized people and benefit from their advice. Undoubtedly, experts are considered among the judicial assistants who cannot be dispensed with in the scientific or technical cases that the judge finds. He cannot consider some cases that require expertise outside his professional speciality. The judge’s goal is to reach the truth to make his ruling. Fair, and this is achieved by seeking the help of experienced people whose opinion is a means of proving the claim. One thing that no two people disagree about is that the judge, no matter how much knowledge and extensive knowledge he has, cannot comprehend all the different sciences and arts, especially the delicate cases, so there is no escape from referring to people of experience, knowledge, and specialization for the judge to issue his ruling based on reassurance and trust and to be closer to achieving the truth and resolving the dispute.
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