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专家责任在责任主体等方面具有特殊性,侵权责任法未将其界定为一种类型侵权行为,采用何种归责原则尚存争议。本文通过对专家责任性质的认定和特殊性的考察,结合对受害人保护与行业发展博弈的充分衡量,建议我国采用过错责任作为专家责任的归责原则,在举证责任方面宜采用举证责任倒置。
The responsibility of the expert has its particularity in the main body of responsibility. The Tort Liability Act does not define it as a type of tort, and the principle of imputation is still controversial. Based on the examination of the nature of expert responsibility and the particularity, combined with the full evaluation of the game of victim protection and industry development, it is suggested that China should adopt the liability of fault as the principle of liability of experts, and the burden of proof should be reversed in the aspect of burden of proof.