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专家责任就是专家在执业活动中,违反其注意义务给他人造成不利后果所应承担的民事责任。其所要解决的核心问题是专家的执业行为致人损害后的法律责任的问题。它所关注的法律基础是专家与受害人之间的关系。在合同视野下,专家的执业行为,相对于一般的民事行为,有如下特点:首先,该合同的内容限定在专家掌握的专业知识的领域范围内;其次,当事人的地位不平等;再次,
Expert liability is the civil liability that an expert should undertake in violation of his duty of care to cause adverse consequences to others in his practice. The core problem to be solved is the question of the legal liability of the expert after the practice has caused damage. The legal basis for its concern is the relationship between the expert and the victim. Under the contractual perspective, the practice of experts has the following characteristics in comparison with the common civil acts: firstly, the content of the contract is limited to the domain of the expert knowledge held by experts; secondly, the status of the parties is not equal; thirdly,