Talk About The Our Country Civil Procedure Of The Appraisal Conclusion Certificate According To Effect Force

The main subject of expert conclusions the evidence of the effectiveness of related topics studied in the context of the civil litigation system, trying to comprehensive evidence of Law, Civil Procedure Law and the identification of relevant theory to analyze the evidence of effectiveness of the expert conclusion, from the perspective of the proceedings, in order to solve now the evidence and probative force of the system of expert conclusions evidence, the existence of a range of issues in civil proceedings, to improve and enhance the effectiveness of the evidence of our appraisal conclusion, the guidance of our litigation practice.Too active on the evidence of the effectiveness of research in recent years, China’s theoretical circles, while the effect of evidence of expert conclusions are few and far between, we know that the identification of one of the conclusions as legal evidence, it must follow the general rules of evidence of evidence, but at the same time identificationconclusion As an evidence of their uniqueness, the theoretical circles on the identification of the research concentrated on the identification system, while the lack of effect on the Identification, the expert conclusion of the evidence of effectiveness, including evidence of ability and probative force, and in thenoted the process of collating information I collected, existing only remaining on the effectiveness of expert conclusions, mostly discussed separately from the force of the evidence of expert conclusions and prove, I think that if only from the institutional level to study, then the identificationconclusion of evidence and probative force to separate the study also worth feasible, but from the application point of view to study the evidence of the effectiveness of the two aspects are inseparable, because the litigation at any stage of the application, such as evidence of cross-examination, certification,can evidence the effectiveness of the two separated, the subject of research, the choice of topic name is based on considerations from the perspective of litigation applications. This topic from the perspective of litigation applications, the first case as a starting point, the two cases leads to the subject, through the analysis of the case in practice, the specific approach to understand the effectiveness of our appraisal conclusion evidence in practice and in litigation analysis of evidence and probative force of the practical form of the problems in the program, and on this basis, a subsidiary of the evidence of ability. Clues to the history of the evolution of the evidence of expert conclusions of the evolution of evidence in judicial evidence and China in the reform of evidence in the identification of the conclusions nature changes. Through the comparison of the effectiveness of the two legal systems expert conclusion of evidence, respectively, from the definition of the functions of the principal, the challenge procedure, the testimony of the review and adoption of three to define, summed up the evidence of the effectiveness of the general provisions in litigation mode, namely,1) expert witnesses or appraiser issued by the testimony or expert conclusions have the obligation to testify, subject to review, inquiry, cross-examination;2) In the case of identification of the person to appear, the parties can be the effectiveness of the evidence of the expert conclusions questioned;3) identification of the conclusions evidentiary effect of the judge’s discretion, subject to the more restrictive of the right of appeal. Summarized the general principles of the two legal systems, combined with the concrete realities of our country, to selectively absorb and learn from the provisions of the two legal systems on the effectiveness of the expert conclusion of evidence, in order to improve and enhance the effectiveness of China’s evidence. Fourth, fifth part of the subject focus of this article, research report, this time in the work of the Court to analyze the effectiveness of the practice of evidence of expert conclusions in our proceedings, mainly from the two aspect of the procedural aspects and identification of the conclusions of the litigation itself, to explore the evidence of effectiveness of actual proceedings that affect the expert conclusions. Proceedings from the cross-examination, certification, admissible process to explore, such as expert witness in cross-examination procedures do not appear in court, the lack of Pretrial Discovery program, the certification a mere formality, to pursue the evidence admissible expert conclusions Level’and the effectiveness of the priority effectiveness, etc., will influence the evidence of expert conclusions affect the impartiality of the judiciary. From the perspective of the expert conclusions, three aspects to the identification of the conclusions of the subject, object, content discusses the impact on the effectiveness of Identification Conclusion evidence in China. On this basis, from the proceedings, the rules to improve the evidence of effectiveness of our appraisal conclusion. Take the direct words of the principles and the principle of cross-examination cross-examination procedures, and improve cross-examination program to build the system of pretrial discovery, expert court system, the System of Expert; authentication, improve and construct the following certification rules:illegal evidence exclusion rule. the hearsay rule, neutrality rules, the rules of a question of fact, the specialized rules, conclusions of the effectiveness of prohibition rules, conclusions of non-scheduled, the priority rules of the probative force.