| The construction industry is an important pillar of the national economy.In recent years,with the increasing investment in infrastructure,our country has invested a lot in the field of construction engineering from the central government to the local government and private investment.With the construction of "the Belt and Road",the construction technology and a large number of construction units which have the advantage position in our country will go to the world.However,the large amount investment of construction project,the complex source of funds,the complex relationship between investment subjects,the numerous participants during the whole construction process,the long duration,the variables in the construction process,so it is easy to produce disputes.Most construction project disputes involve the project price dispute.Judges need the help of specialized accreditation bodies in the technical issues for their lack of professional knowledge,so that more and more attention has been paid to the judicial appraisal of project cost.Different countries take different measures to deal with these technical issures.Judicial experts selected by countries of the Civil-law system to assist judges in a fair trial,as is the case in our country,whereas,Anglo-American law countries use expert witnesses to identify facts.Both modes have their advantages and disadvantages.The judicial authentication system in our country has already taken shape,but most of them are about the identification of medicine and literature.Judicial identification of project cost started late.The targeted research has been carried out only in recent years,so the relevant laws and regulations are not perfect.Project cost judicial expertise has a strong professional and technical.The expert opinion issued by the appraisal agency is an important basis for the court decision,which seriously affects the outcome of the trial,so it is necessary to ensure the fairness,justice,science,and openness of the judicial appraisal of project cost.In this paper,I study the advantages of the expert witness system of the common law system to improve the judicial identification of the project cost in order to ensure the stable and healthy development of the construction industry,and promote the social justice.Firstly,the paper introduces the current situation of forensic appraisal of engineering cost in our country,and clarifies the research purpose,research method and technical routeof this paper.Then it compares the similarities and differences between the two systems from three aspects: expert witness and expert witness,appraisal procedure and expert witness procedure,expert opinion and expert testimony.Then it analyzes the influencing factors of the effect of forensic identification of engineering cost in China: the comprehensive quality of appraisers,the management mechanism of forensic expertise and the relevant legislation of forensic expertise.Then,combining the successful experiences of Britain and America,the author puts forward corresponding measures to improve the judicial appraisal system of project cost in China.Including the construction of comprehensive quality evaluation system of the judicial appraiser of engineering cost to carry out omnidirectional control over the connoisseur’s knowledge,skill,attitude and morality.Improving the management mechanism of the judicial appraisal of project cost,and managing the appraisal institutions and appraisers from four aspects of admittance,restriction,evaluation and motivation,so as to achieve the purpose of the appraisal organization’s initiative to strengthen the internal management and the appraisers to improve their quality.Perfecting the relevant legislation of judicial appraisal of engineering cost in our country to protect the legitimate rights and interests of experts strengthen the reasonableness of appraisal procedure and ensure the legitimacy and scientific of appraisal opinions. |
