A Study On The System Of Appraiser's Appearance In Court As Witness

With the development of science and technology, judicial technical evidences (appraisal conclusions) are playing a more and more important role as proof in proceedings. However, the present conditions of judicial appraisal system and mechanism in China fall far short of the need of the proceedings. This explains why the judicial appraisal reform becomes one of the focal points of the judicial reform in recent years. A lot of discussions and explorations have been carried out from different perspectives in both academic researches and judicial practices. Based on my perception of the subjectivity and scientificity of appraisal conclusion, and my experience in daily work, I believe that appraiser's appearance in court as witness is a key and significant part of perfection of judicial appraisal system. In this paper, I make a study on the theory and practice of the system of appraiser's appearance in court, and propose perfect speculations, in hope of contributing slightly to the improvement of the system in this country. This paper consists of 5 parts, with 31000 Chinese characters in it.Part I:Problem Statement. Through analysis and summary on appraisal conclusion and its features, as well as the present legal standard and practice of cross examination, I try to give a theoretical definition to cross examination of appraisal conclusion. On this basis, I make further efforts to demonstrate the necessity of appraiser's appearance in court from the perspectives of evidence attribute, procedure justice, probative force and practical significance, so as to lay concept and logic foundations for the following study about the system.Partâ…¡:Present Situation of Appraiser as Witness in Court in China and its Reasons. The prominent manifestations of present situation of appraiser's appearance in court in China are low court appearance rate and appearance as mere formalism. The reasons for the situation may be divided into two categories:Subjectively, there exist lack of understanding and inaccurate perceptions respectively in judges, parties and appraisers. Objectively, the situation is the result of the restriction in terms of absence of system, economic restraint, and lack of capacity for appearing in court.Partâ…¢:Study on the System of Appraiser as Witness in Court in Foreign Countries. Keeping in mind the form and effect of current system in China, I make a survey on the related practice in the two main legal systems in the world, including the guarantee measures for appraiser's appearance in court and measures to improve its effectiveness, in order to provide reference to the system construction at home.Partâ…£:Practice and Exploration of the System of Appraiser as Witness in Court in Shandong Court Institutions. Since the launching of judicial appraisal system in 2005, previous listen procedures have been introduced in Shandong court institutions, and experimental work on appraiser's appearance in court have been carried out. With the implementation of these two reform measures, the related institutions accumulated experiences, improved the protection of parties'rights, and enhanced the judges'capacity in understanding and utilizing appraisal conclusions correctly. Nevertheless, these reform measures are still in the preliminary stage, with limitations in application scope and implementing strength. There is a lot of work to do in theoretical and practical fields.Partâ…¤:Perfect Speculations on the System of Appraiser as Witness in Court in China. The perfect speculations are proposed on basis of analysis, comparison and summary of practical experiences, as shown in the previous 4 parts. First, it is necessary to clarify the position of appraiser and appraisal conclusion, and identify the reasonable areas for appraiser's appearance in court. Second, system construction should be strengthened in procedure and guarantee measures, so as to put appraiser's appearance in court under the restriction and protection of law. Science and technology, when playing a decisive role in proceedings, would make contributions to the civilization of rule by law and the construction of harmonious society.