The Forensic Expert System Of Civil Action In China

Along with science and technology developed continuously, appraisal by expert will play a more and more important role in the litigation and judicial appraiser takes the decisive function towards fairness and accuracy of appraisal. As judicial reform deepen, greater demands are made on reform of appraiser system. As the core of appraisal system, judicial appraiser system is the focus of the reform.By studying domestic and international appraiser system comparatively and analyzing basic categories relevant to appraiser system, this article has proposed the conceiver of reconstructing our country's appraiser system, in the hope of offering theoretical foundation and system for the reform and perfection of our appraiser system ,thus, contributing meagerly to safeguarding the judiciary justice and authority.Introduction: Briefly describe the topics significance, the scope of the study, and the status in related fields at home and abroad on, practical value and research methods.Part 1: the basic theory of appraiser system Major explain the concept, the nature of appraiser and the nature of identification. Through the common law and civil law appraiser in the identification of the nature and concept of the comparative analysis, I draw the conclusions the former a wider range, including both civil appraiser, including other people with professional knowledge . In turn leads to the concept of China's appraiser, points out that with the identification: specialized knowledge and expertise in the case of the judge to identify issues, the differences between them are mainly the following: appraisal of the different commission and the main subject of appraisal of two different issues. The identification of the nature of the right ,to a certain extent, determines the identification of the status and nature, the article follows on the issue of identification of the study and draw the conclusions that identification is right rather than of the national judicial powers.Part 2: the comparative study of appraiser system of Two Schools First, the authors used the method of comparison Two Schools in the national appraiser system, qualifications, selection, rights, obligations and liabilities of the similarities and differences. In the qualifications, the common law adopted "expert", the civil law adopted "Identification of the right" ;in the selection, the common law of a "party-based selection, the judge elected supplement," the civil law of a " mainly judges elected, the parties elected supplement ";in the rights and obligations, the Two Schools have much in common, there are still some differences ;in the liability, Two Schools both have the criminal, civil and administrative liability, and civil liability are based. Common law countries think the civil liability as default liability and civil law countries think the civil liability as tort liability, both perjury Two Schools of requirements, and apply to three litigation. Secondly, from a legal and cultural tradition, legal concepts and litigation system and so on Two Schools appraiser on the formation of a system analysis shows that the reasons for the difference. Finally, the author points out that both the pros and cons of the system and development trends, the adoption of the system of foreign experts to China to study the system of identification of the reform and improvement of its reference to the role.Part 3: the reform and development of appraiser system On the basis of research on current condition of appraiser system from five aspects including appraisal's lawmaking, qualifications, selection, right, responsibility and duty, this chapter put forward the reform and development suggestions, such as unifies legislation, strictly establishes qualification of appraiser, clearly stipulates the right and liability, consummates the selection procedure, establishes the system of appraiser's appearing in court. Then we can change our country's present situation of the appraiser system, and establish a scientific, fair appraiser system.Conclusion: This part briefly summarizes the views and expounds the significance of the issue and its implications for future research expectations.