The Evidentiary Effect And Examination Standard Of Price Valuation Report

The price valuation report is widely applied in judicial practice,but a series of problems have arisen due to the lack of substantive examination,and the feasible examination standard needs to be constructed.Based on the price valuation report of its own characteristics,the management model of the judicial expertise and current judicial system of China,we should limit to the concept of judicial expertise,and make a strict distinction between open expert opinion evidence including the price valuation report and judicial expertise,in order to protect the existing judicial expertise system of closed-loop management.According to the different characteristics of the price valuation report,we can find two paths.The first path is expert witness,we can refer to assessment report to complete the standard construction.And the second is notarial document,we can refer to notarial document to complete it.For the price valuation report which can be classified as assessment report,according to identifying different subjects,we can base on the examination logic of the U.S.expert testimony to construct different examination rules by different rules to examine assessment reports.And for the price valuation report which can be classified national document,we can presume to have high proof power and permit to overturn.With the development of science and technology,there will be more kinds of expert opinion evidence in the future,and the construction of an examination system that distinguishes the subject and examines substance content can also be an examination idea for other similar evidence.Specifically,this paper consists of four parts,based on the idea of presenting the problems,analyzing the current situation,proposing the solution paths,and finally giving specific measures based on the paths.The first chapter of this paper is an introduction,which clarifies that the problems this paper are concerned with is the construction of the examination rules for price valuation report.This paper analyzes the urgency and significance of solving the problems through the phenomenon of judicial practice,and proposes three research methods.The second chapter of this paper focuses on the phenomenon of judicial practice,aiming to clarifying the definition and characteristics of price valuation report.Through the analysis of relevant legal provisions and the summary of judicial practice,the definition of the price valuation report can be completed.However,in view of the diversity of the types of the price valuation report,diversified treatment has already taken place around the procedure,subject and other issues,and these details are the decisive factors in constructing its examination rules.Therefore,through the empirical research and legal doctrine research,this paper analyzes and summarizes the subject(including the type,development trend and independence of the subject)and procedure of the price valuation report,and reveals the real state of the price valuation report in judicial practice as comprehensively as possible.The third chapter of this paper focuses on two paths for the construction of price valuation report,aiming to clarifying the sources and choice of the paths.Through the discussion of relevant jurisprudence,legal and scholars,and through conceptual analysis,we can be found that the price valuation report can be distinguished into two paths of examination with reference to the rules of notarial document and professional opinion evidence,according to the subject of making the price valuation report and with reference to the situation in judicial practice.Firstly,as the price valuation center doesn’t have social management functions,the price valuation report issued by it doesn’t belong to the notarial document,while the public valuation report issued by other administrative organs within its competence issued can be referred to deal with.Secondly,in the professional opinion evidence examination path,it still has two models of forensic expertise and valuation opinions.Considering the forensic expertise both closed management regulation,the price valuation report of its own characteristics and the characteristics of institutions currently undertaking price valuation,etc.,the price valuation report should refer to the valuation opinion model.The fourth chapter of this paper focuses on the specific rules of examination of price valuation report,aiming to laying out the specific rules of examination based on the summary analysis of the characteristics of price valuation report above and following the conclusions of the examination paths above.First of all,under the path of reference to professional expert opinion evidence,in order to have a clear judgment guideline for rule construction,drawing on the similarity and more mature expert witness exam regulation in the United States,the price valuation report is further distinguished as the subject with or without the endorsement of endorsement,respectively,with reference to the third-party assessment and independent assessment to unfold.In terms of access threshold,in addition to the conventional requirements such as the rule of excluding illegal evidence,the low reliability is screened out through formal requirements and provides a sufficient and reliable evaluation basis for the subsequent evaluation of probative value.In terms of the evaluation of the probative value,the judge is required to give full play to the rule of thumb,to the reference date of the control price and the subject situation as the entry point to use argumentative methods to analyze its logic and basis for the existence of problems,especially when the evidence as separate evidence to prove the price involved,the need to analyze whether the evidence is reasonable doubt.For the independent assessment model,it can only rely on the judge’s free mental evidence to unfold.Secondly,under the path of notarial document,it is directly presumed to have evidentiary capacity with reference to the rules of examination of reported notarial document,and presumed to have a high probative power,and judged whether the above presumption can be questioned and rebutted through the cross-examination of the opposing party in the court trial.