Research On The Protection Of Judicial Expert's Right To Practice

With the stable development of reform of judicial system in China,judicial expertise work is completing gradually,the systems of it play a more and more important role in resolving social conflicts and disputes,and the opinions of judicial expertise have essential functions in the litigious activities.At present,there are basic two kinds of judicial expertise institutions in China,one is established by the investigative organization,the judicial appraiser can just have judicial expertise within his functions and power reference,who can not accept the social commission;the other one is authorized and appraised by the judiciary authority,which can provide services to the society,and the judicial appraiser can accept the commission of person or unit.The judicial expertise institution of the investigative organization is managed by the investigative organization,it will be protected by it to a great extent,so in this paper,we mainly explore and research the problems of right protection of judicial appraiser in the social judicial expertise institution.As the main participants of the judicial appraisal activities,the judicial appraiser use their professional knowledge and skills to make scientific appraisal opinions on the special issues in the case,which is the basis for guaranteeing the quality of judicial appraisal.Although many laws and regulations in China have involved the judicial practitioner's right to practice,the relatively simple provisions have made it difficult to realize the judicial practitioner's practicing rights in practice.From the perspective of judicial appraiser in social judicial appraisal institutions,this paper probes into the existing practice rights of judicial appraiser,forms a chart by collating data,analyzes the important role of judicial appraiser in trial practice,and analyzes the defects of judicial appraiser's practicing rights.To study the provisions of foreign countries on the right to practice judicial appraiser,and to draw suggestions for the protection of the judicial appraiser's right to practice in China,including the establishment of the Judicial Authentication Law,the improvement of existing administrative regulations,departmental rules and local regulations,and the establishment of a national nature.The Association of Judicial Experts establishes a practice insurance system for judicial appraiser and a practice risk assessment mechanism for judicial appraiser.