农业司法鉴定案例研究：一起损毁茶园经济损失的估算

摘要

通过对一起多因素导致茶园重大损害的司法鉴定案件分析，调查研究了淹水、冻害、干旱等不同致害因素对茶树的影响效应；工程施工损毁茶园水利设施与茶树受淹损害间具有因果关系、与茶树冻害死苗无因果关系；以重置成本法估算了工程施工土方覆盖茶树所造成的经济损失，以生产统计法、专家评估法估算了茶园经济损失。司法鉴定意见经质证成为法院公正审理案件的法定证据。%Through the judicial identification case analysis of a damaged tea plantation caused by many factors , we investigated and studied the effects of different harmful factors (frost, drought and waterlogging ) on tea trees.The damage of engineering con-struction to the water conservancy facilities of tea plantation had a causal relationship with the damage of flood to tea trees , but it had no causal relationship with the damage of frost to tea trees .Replacement cost approach was used to estimate the economic loss of tea trees due to being covered by the construction earthwork .Production statistics and expert assessment method were used to estimate the economic loss of tea plantation .Through the cross-examination, this judicial expert opinion became a legal evidence for the just inquisition of the case.