专家证据是目前国际民事诉讼中应用越来越多的证据,但是两大法系对专家证据的规定存在很大差异。传统国际私法规定适用法院地法,难以满足现代国际民事诉讼的需要。我们需要在对专家证据进行合理定性的基础上,区分出其中的实体性证据规则和程序性证据规则,分别探讨其法律适用问题。 Expert evidence is more and more evidences applied in international civil litigation at present, however, there are big differences between the two legal systems on the provisions of expert evidence. Traditional private international law provides for the application of the law of courts, which is difficult to meet the needs of modern international civil litigation. We need to distinguish the physical evidence rules and the rules of procedural evidence on the basis of reasonably characterizing the expert evidence and discuss the application of the law respectively.