Research On Construction Cost Judicial Expertise

Construction cost judicial expertise is a class of judicial expertise. As one of the important evidences of litigation judgment, it plays a decisive role in the construction project contract and the construction price dispute cases. Construction cost judicial expertise is the fusion of two professional, which contains the skill of project cost professional and knowledge of judicial appraisal. Due to the project involve large sums of money and deep social contradictions, construction cost judicial expertise need to be judgment, analyzed and identified carefully.This paper states Anglo-American Legal System and the Mainland Legal System which has been used widely in foreign countries. Analyze the Anglo-American law system allot most of the rights to litigants to weaken the judicial right of judicial authentication, the Mainland Legal System emphasizes the judiciary's absolute dominance in the appraisal. Analyze their judicial expertise units, judicial authentication management, and choice of judicial appraisal results and so on, also make some objective assessment.Then this paper analyze the current situation at the aspect of the entity existing in the construction cost judicial expertise in China for example: data collection, reconnaissance trip, the process of calculation and valuation, the current situation at the aspect of the procedure such as the start, acceptance, implementation and adoption of judicial authentication. Analyze the problems in construction cost judicial expertise form two aspects of entity and procedure. In the entity there exist some problems like the judgment of the construction contract, the adoption of the valuation principle, lack of materials of identification, the confirmation of work amount and so on. In the aspect of procedure the main problem are the limit of the starting right of construction cost judicial expertise, the judicial appraisal personnel level is uneven, lack of necessary supervision and inspection to judicial appraisal. This paper put forward the corresponding suggestions to solve these problems. For example, suggest that the judge determine the construction contract, judicial expertise must adhere to the principle of obeying the contract, the judge should control questioning of evidence links strictly, improve the appraiser's judicature consciousness and legal consciousness, the appraiser can go to reconnaissance trip in the process of project valuation if necessary and use three-step checking system to examine the conclusion to improve professional skills in the entity. Propose that introduce “expert aided identification” to help the judge to confirm whether to start the construction cost judicial expertise by drawing lessons from foreign judicial authentication, establish strict registration system and age limit of appraisal system for the construction cost judicial expertise's appraiser, implement “sunshine appraisal system " in the process of construction cost judicial expertise, the appraiser should present in court and cross-examined by the judge and litigants,form these respects to restrain the procedure of construction cost judicial expertise. Consummate the procedure of construction cost judicial expertise. Ensure that it is more efficient and fair to carry out, make sure the authority of appraisal results, the objectivity of appraisal results, and the adoption of appraisal results.