A Research Into The Appraiser In Court System

We have established appraiser in legislation testifies obligations. But because of litigation system and historical reasons, the appraisal system reasons caused appraiser testifies rate low. In most cases, appraiser doesn't appear in court, the court just routine ground will appraisal Suggestions, both of the accused and the defendant was read the cross-examination of appraiser therefore are also raised right. Moreover, the judge in the trial of the not through face-to-face communication with appraiser and understand appraisal Suggestions related to the content, the referee can't be objective. Based on the present situation of low rate expert witnesses in court, we need the expert witnesses in court system, in order to study the appraisal system and evidence system be helpful to the reform.The letter divides into four parts.The first part is present situation of expert witnesses testified, and analyzes the reasons for the low rate of expert witnesses in court, and proposes the appraiser in court significance and value pursuit, and then elaborates writing this essay of purpose and meaning.The second part, the expert witnesses in court system theoretical basis on it. One expert witnesses testified theoretical basis including the principle of due process, the principle of direct verbal trial and the principle of good faith. These principles shall is to establish and perfect the system of expert witnesses in court when the value choice. Need to abide by the The second part, the court system to foreign expert investigation and analyze relative regulations. Mainly discusses the countries of two important legal systems for the identification of court system on the status of expert, court rules, cross-examination program, the rights and obligations of expert and legal responsibility, etc. Through to the countries of two important legal systems respectively, positively absorbs their advantages and disadvantages compared on appraiser court system nutrients, and for our country litigation system and perfect the system of the evidence provided footage of theory and practice.The fourth part, we summarized the program in China testifies expert and proposed own humble opinion, in order to perfect our country's appraiser testifies system. On the analysis of the present situation and expert witnesses testify after combining foreign reasons, legislation and judicial practice, from the Angle of logic and empirical, from our expert witnesses testify theoretical foundation, and the rights and obligations of the expert testifies to the rules of procedure, introduced experts from multiple perspectives, such as comprehensive auxiliary mechanism to perfect our country's appraiser testifies system proposed own humble opinion.