Research On The Problem Of Appraisal Opinion In Civil Litigation

With the continuous development of society,the types of disputes are becoming more and more complex and diversified.The status of judicial expertise in civil litigation is becoming more and more important.Expert opinion,as one of the types of evidence in civil litigation in my country,not only needs to satisfy The objectivity,relevance and legitimacy of the evidence must also have its unique technical and scientific nature.Therefore,the biggest difference between the evidence of an expert opinion and other forms of evidence is that it is scientific opinion evidence.In the same case,there are often multiple types of evidence,and whether other evidence is true and legal,and the validity of the proof sometimes need to be determined by the expert opinion.If the expert opinion as evidence is to help the judge find the facts of the case,it must have evidentiary ability.It is precisely because the appraisal opinions are too professional that false appraisals and even the use of appraisal for the trial have occurred in some cases.How to improve the credibility of my country’s civil litigation appraisal opinions has attracted more and more scholars and judicial staff.When special issues are involved in litigation,the judge’s logical reasoning alone cannot judge the authenticity of the facts of the case,and it is often necessary to use expert opinions to make judgments on the facts.In order to regulate judicial authentication,the Supreme People’s Court revised the "Regulations on Civil Evidence" and issued the "Regulations on Entrusted Authentication Review" to regulate the behavior of authentication agencies and experts in judicial authentication,and strengthen the participation of judges in the authentication process.However,due to the surplus of judicial appraisal institutions and appraisers in my country in recent years,the overall quality is uneven,which affects the quality of appraisal,and the lack of supervision has caused problems such as false appraisals and philanthropy appraisals.In addition,due to the over-professional appraisal opinions,the judges are negligent.Judge the appraisal opinion and rely too much on the appraisal opinion.In order to avoid the phenomenon of appraisal chaos,it is necessary to improve the supervision mechanism of the appraisal opinion system and refine the cross-examination procedures to fundamentally improve the high level and high qualification of judicial appraisal.By comparing the relevant provisions of the expert witness system of the civil law system and the expert witness system of the common law system,it can provide reference for my country’s civil appraisal opinion system from the aspects of the litigation status,civil liability and cross-examination procedure of the appraiser.Legislatively improve the unified judicial appraisal management system,raise the entry threshold of judicial appraisal,refine the cross-examination procedures and link up the expert assistant system,so as to make the appraisal opinions better serve the judicial trial work.