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专家证言需具有可采性,其可采性受到专家证言的相关性、有用性、可靠性的影响。相关性即要求专家证言所说明的事实,是案件中需要证明的事实;有用性即要求专家证言要针对专门性问题和这一专门性问题是事实裁判者需要辅助的问题两个方面;专家证言的可靠性较为复杂,其既影响可采性,也有关证明的效力,法律应该对能够排除的不具有可靠性的专家证言加以明确的排除。
Expert testimony must be admissible and its admissibility is influenced by the relevance, usefulness and reliability of expert testimony. Relevance is the fact that the testimony of the expert is required to explain is the fact that needs to be proved in the case; the usefulness requires that the expert testimony should be aimed at the special issue and the special issue is the two aspects that the factual judge needs assistance; The reliability is more complex, which not only affects the admissibility, but also the effectiveness of the proof, the law should be excluded from the reliability of expert testimony be explicitly excluded.