On The Causes And Solutions For Reapted Appraisal

There are many different opinions on repeated appraisal in the law field, which has aroused enthusiasm and attention for its disturbing judicial practice. However, this problem has been put forward long before, but it still remains partly unsolved, or, to some extent, completely unsolved, As for the reason, besides the legislative lag, I think, it is more important that all research is focused on the outside or the unimportant, not on the essence of the problem. Therefore, the paper is going to explore the essence of the problem through the Jing Huang case analysis, to find a better way solving the problem.Repeated appraisal, also called"identification of bull","re-evaluation", is referred to as the phenomenon that one or more than one appraisal institutions appraise one specific question in a case and get the same or different conclusions. Why one question needs different judicial expertise institutions and many appraisements? I think it results from the joint action of Chinese appraisal system and the appraisement itself. The appraisal system reasons includes multivariate appraisal startup procedures program starters, the rough implementation procedure, the virtual cross-examination program and, the most important, its self-enclosed appraisal system without enough parties participated. While the appraisement includes the appraisers, standards, methods, etc. The former is the external cause and the latter is the internal cause. The paper is going to reveal these reasons and the fact that some reasons are inevitable, such as different appraisers and ways. At least, at the level, repeated appraisal exists reasonably. But other reasons could have been avoided after hard work, and, that's to say, they shouldn't exist at all. Thus, it should be considered in system-making how to avoid or control repeated appraisal. In my opinion, we can take the following steps. First, reform the appraisal system through reinforcing the parties'participation. The judge has the right to decide on starting the appraisal program, and the parties have the right to claim for the starting and applying for relief. And the parties can participate in the program practice and put cross-examination into practice. Second, improve the appraisement, including changing the management system of appraiser qualification and making it more independent, neutral, and united, and forming a set of scientific, united appraisal standards.