| The cross-examination of expert opinions is the key point for expert opinions to play a key role,and is the core of the work of the trial in practice.Since the reform of the trial-centered litigation system,the quality of expert testimony has been further improved,the number of expert witnesses and expert assistants appearing in court has also increased,and the effectiveness of cross-examination has been improved obviously.Therefore,the continuous in-depth exploration of the appraisal opinion cross-examination system can promote the development process of theory,but also can provide guidance for practice.However,at present,whether in the academic field or in practice,the system has certain drawbacks,which has also caused the slow development of the identification system in our country to a great extent,in addition,there are also direct constraints on the appraisal opinion cross-examination activities.In order to optimize the system and improve the actual operation level of the trial work,we should sum up these deficiencies and further probe into the causes of the problems.The overall framework of this paper consists of six parts:The first part is introduction.This chapter concisely explains the importance of the appraisal opinion and the appraisal opinion cross-examination system in the civil procedure.The second part is the summary of the appraisal opinion cross-examination system in our country’s civil procedure.This chapter starts with the theoretical foundation of the appraisal opinion cross-examination system,analyzes its connotation and value,and then introduces the related legislation of the appraisal opinion cross-examination system in our country.The third part is about the problems in the practice of the appraisal opinion cross-examination system in our country.In this chapter,the author elaborates the problems of expert testimony system in judicial practice at the present stage from six aspects: the direct appraisal of expert testimony without cross-examination,the low rate of expert witnesses appearing in court,the over-formalization of the process of cross-examination,the lack of face-to-face confrontation between expert assistants and expert witnesses,the lack of effectiveness of cross-examination in court trial,and the too random starting of re-examination.The fourth part is the analysis of the reasons for the problems in the cross-examination system of civil litigation appraisal opinions in our country.This chapter analyzes the underlying reasons based on the problems in the previous chapter,mainly due to the defects in the relevant procedures and supporting systems,including the pre-trial disclosure system,the system of appraisers appearing in court,the cross-examination process,the system of expert assistants,the concept of judges,Deficiencies in objection remedies and so on.The fifth part is the improvement suggestion of our country civil action appraisal opinion cross-examination system.Based on the analysis of the internal reasons for the problems of our country’s civil litigation appraisal opinion system,this chapter puts forward targeted suggestions and suggestions for improvement mainly from the perspective of improving the relevant procedures and systems.The sixth part is conclusion.This chapter summarizes the main content of the whole article. |
