The Defect And Improvement The Judicial Appraiser Assistant System

Since 2005, the decision of the management of judicial authentication(hereinafter referred to as the decision) has issued and implemented for 10 years with judicial authentication work moving in the expected steady way and the unified management of judicial authentication system preliminarily established. With the proposal of ‘rule by law’ in the third plenary session of 18, fairness and justice will become the theme of the development of society in the following years, so the reform of the judicial system would step into the key stages and the judicial appraisal system would enter the critical stage of reform. Because the ‘expert opinion’ in litigation is regarded as "the king of evidence", the new criminal procedure law and the new civil procedure law both will put expert opinion as one kind of legal evidence. In the future process of the proceedings, expert opinion in the judicial will become more and more important in the judgment, the crucial effect on justice, even the scientific, impartial appraisal opinions which can let people feel justice in every case. However, with the achievements of the reform of judicial appraisal system, some problems appear. The current judicial authentication quantity increases year by year but the judicial appraisal system faces a serious shortage of talent. What’s more, the unscientific and unreasonable talent training mode of judicial appraiser hinders the normal conduct of litigation activity to a certain extent. In response to this dilemma, some provinces and cities has been tring to establish the judicial appraiser assistant system. It has achieved some effects, but the national level of judicial assistant system has not yet launched. So it is a necessity and an urgent need to regulate the national system. Based on the analysis of the connotation of the judicial appraiser assistant system and the existing problems, the author points out that establishing the judicial appraiser assistant system has practical necessity that it is a key link in the process of judicial appraiser vocational qualification system, an inevitably choice of cultivating talents reserve force of the judicial authentication, a real need of judicial appraiser professional construction and a catalyst of the judicial authentication institutions internal scientific division of labor. In the last part, the author puts forward several measures to improve the system of judicial appraiser assistant, including building unified judicial appraiser assistant examination system, establishing a unified judicial appraiser assistant college education training base and setting up a management and supervision system of the judicial authentication institutions and judicial appraiser and a cohesion between the judicial appraiser assistant and the judicial appraiser. The vocational skills and quality of judicial appraiser is a key factor in determining the quality of expert opinion, therefore, the level of the judicial appraiser and the rationality and scientificity of the judicial appraisal personnel training mode has a considerable influence on promoting the sustainable development of the judicial authentication enterprise in China.