Civil Procedure To Identify Problems In The Research

At present, our country judicial practice, there are quite a number of illegal, it is not necessary to new appraisal, the appraisal items of identification of the proportion of total items is very high, the number of new appraisal is also a lot of the same identification items,this situation is serious influence our country's lawsuit efficiency and also infringes upon the rights of the parties, at the same time damage the judicial justice and authority of our country.In this paper, the author in this and other experts, saddened. Based on the above premises, the paper, according to the theory of the civil procedure law from the following several aspects to study the new appraisal.The first chapter: overview of the appraisal. For judicial appraisal, the appraisal,supplementary identification, repeat to identify and distinguish the related concepts of these keywords, the research lays the foundation for the following.The second chapter: in the civil procedure to identify problems and influence. Analysis to identify problems in the civil procedure in our country, which is with some parts of our country court needles statistical re-identification of data and cases, points out that our country exists to identify cases of total amounts of high proportion of cases, the same case identification problem. These problems have brought negative effects, including increased party of v. tired and mental damage, increase the litigation costs, waste litigation resources,damage the credibility of judicial authentication and authority.The third chapter: the appraisal of the causes of problems. Mainly include: as the judge to review the appraisal opinions of cross-examination procedure are insufficient, including cross-examination in the body of the problem and the problem of no limit cross-examination.Abused power new appraisal procedure, including the promiscuous right and the judicial organs for the decision is too strict. No limit, start times review body there is also a problem.The fourth chapter: the solution of the problems in the appraisal method. For the reasons of the problem, find out the ways to solve. In our country at present the appraisal opinions ofcross-examination, suit the remedy to the case, the writer for perfect expert auxiliary system and the content of the opinions of the parties to the judicial authentication cross-examination,cross-examination way, to ensure that the appraisal opinions that have a special form ofevidence to fully cross-examination. Only by fully cross-examination, whether to adopt expert opinion, whether to provide basis for the appraisal remedy measures. Standing in the perspective of judicial organs, judicial organs for the opinions of how to identify a review, to what condition can launch new appraisal procedures, to ensure the legitimacy of new appraisal views and the necessity of open new appraisal procedure. In order to make up for the judge does not have the deficiency of professional and technical knowledge, assisted the judge to review expert opinion, the author also strives for to play the role of the expert jury.Finally, to limit the number of new appraisal, solve the appraisal opinions entity dispute,never prevent long jian.