Improving Judicial Expertise Rules Of Our Country

Nowadays with the development of market economy and the strength of ruling by law, the theory basis of judicial appraisal institution is weakening .The shortcomings appear more and more frequently. It is found that under questionable appraisal institution, the referees are not "wise judges", the conclusions are not "correct judgments", misjudged cases happen constantly. So it becomes pressing to speed up legislation of appraisal institution, to perfect the legal system, to resolve the problems of it ,to make it more adapt to the development of lawsuit .In this paper, the writer tried to study some problems in the legislation of appraisal institution with the expectation of giving some enlightenment to the theory and practice of judicial appraisal institution.In the first part of this paper, writer analyzed the basic theory of judicial appraisal institution. It also concludes its concept ,characteristics and the nature of conclusion. And it is shown that judicial appraisal is not a judicial term but a name of this kind of appraisal .It is neither an appraisal of judicial organ nor extendedness of justice right .The concept of appraisal is that after accepted the request the third part begins to use his expertise to identify some problems .It has the characteristics of scientific, legal, dependent ,diversified, passive .The appraisal conclusion is just one kind of evidences. It is not equal to final decision's basis.In the second part of the paper, the writer compares the judicial appraisal institutions of other countries .It concludes the institution of Anglo-American law family countries and continental law family countries .In Anglo-American law family countries, the referees are treated as normal witness. In legislation, it neither determines the qualification of referees nor confers the appraisal right to somebody or some organization. Everyone may become the referee as long as the judge or jury thinks he has the qualifications .The kind of setup can improve the quality and efficiency of it through the competition of interested parties ,it can show the objective fact of case through the interact system; in procedure ,it can fully protect the equal lawsuit right .But this kind of institution also exist some problems. In order to protect the rights of concerned person. The lawyer looks for the best expert instead of clarifying some facts .invited by and serving for concerned person. The referees usually have the tendency to choose the material in favor of their clients .Especially, some immoral referees offer fake appraisal conclusions intentionally. In the countries or areas of Anglo-American judicial family ,they make sure and emphasize the difference of witness ,and referee, and treat the referees as the help of court .At the same time ,it is also treated as an evidence method ,away of finding truth. I t emphasizes the natural state to overcome the shortcomings of the appraisal institutions in Anglo-American judicial family. But ,because the appraisal conclusions can influence judge's affirm on facts, the referees are evolved in the lawsuit .It is pointed out by some scholars ,to some degree, the referees take the place of judges to affirm the facts .They usually lead the concerned parties to adopt a reconciliatory attitude. Even more, in order to make the two parties to achieve an agreement, referees put off the date of handing in the appraisal report .So some courts had to modify the laws to limit the referees power in helping to bring about reconciliatory attitude In the third part of the paper ,the writer analyze China's judicial appraisal condition. Nowadays we don't have formal law system, The regulations about it are found in lawsuits and arbitrate laws. There are a lot of shortcomings in practice .For example ,The appraisal organ is informal ,appraisal program me messed ,the registering system and court consigning system are not implemented ,There is no united standard. The organization and supervision system is not formed .The court doesn't set great store by the referee's appearance...