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Research On The Damage Relief Of Judicial Appraisal

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:S YangFull Text:PDF
GTID:2436330623972597Subject:legal
Abstract/Summary:PDF Full Text Request
Forensic appraisal appears more and more frequently in lawsuits,and its role is more and more important.As a result,there are more and more judicial appraisal disputes,and if there is a dispute,there must be a way to resolve it.In practice,forensic appraisal dispute resolution emphasizes administration and light civil.However,the role of administrative relief is limited,and the channels of civil relief are not smooth.The simplification of relief channels leads to the complexity of dispute resolution.Therefore,it is necessary to open the civil relief channels and establish Diversified dispute resolution mechanisms,a multi-pronged approach to systematically resolve judicial appraisal disputes,and fully protect the parties' right to remedy and appraisal agency's practice rights.Text of this article is divided into four parts:The first part is an overview of forensic damage and its relief.Firstly,define the concept of judicial appraisal damage and its relief,and determine the research content of this article.Secondly,through data statistics,summarize various administrative processing methods and judgment types in tabular form.Finally,by analyzing the status quo,the characteristics of forensic identification damage relief are summarized.The second part is the analysis of the reasons for the difficulty of forensic identification damage relief.Firstly,it analyzes the current situation of the difficulty of administrative relief from two aspects;Secondly,it analyzes the reasons of the difficulty of judicial relief from the aspects of difficulty in receiving and winning the case.The third part is the lessons learned from the judicial relief of foreign jurisdictions.Starting from the common law system and the civil law system,taking Germany and the United Kingdom as examples,it draws on the feasible practices outside the territory.The fourth part is the solution to the difficulty of forensic identification damage relief.Mainly provide feasible suggestions from the four aspects of legislation,judiciary,litigants,and society that have not resolved the difficulties of judicial identification damage relief.
Keywords/Search Tags:judicial identification, damage relief, diversified channels
PDF Full Text Request
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