On The System Of Judicial Appraiser's The Rights And Obligations

China are trying to gradually improve the litigation system according to just. However, the status of the system of judicial expertise has not been identified and their synchronism. The fairness and authority of judicial appraisal suggestions in the hearts of parties is slowly lost, judicial expertise will be one of the factors to restrict the efficiency of justice. The reformation of the system of judicial expertise is the key to the improvement of judicial system, the system of rights and obligations of judicial appraiser is the core of judicial expertise. "Whose responsibility is unknown, the judicial appraiser's step is hard." In this article, the author starts from the basic concepts of judicial expertise, combining the status of the system of judicial appraiser's the rights and obligations, focusing on analysis of the system's problems of judicial appraiser's rights and obligations, and learning from the related practices of two legal systems, specifically to built the system of the judicial appraiser's rights and obligations.This article is divided into four parts. The first chapter describes the basic theories of judicial appraiser. The concept of judicial appraiser, features, litigation status and the qualification is discussed in the common law, civil law and our country's law. The people solving the problems in litigation are defined as an expert witness in common law, the status of expert witness in the procedure is similar to the ordinary witness. And there is no particular limit about their qualifications, mainly through cross-examination and recognized by the court; and the people in civil law is judicial appraiser, commissioned by the court or the prosecution or the designated judge, is considered to help court. The status is generally higher than ordinary witnesses, their qualifications generally taken to "pre-trial control" mode. In our judicial experts are litigant participant, and taking register announcement. This chapter is an exposition of the theory, do in-depth analysis for the full-text guide and bedding.The second chapter mainly discusses the acquisition the right of requiring information, the right to refuse, the right to issue independent expert's opinion, the right of access to training, the right to obtain legal compensation, and comment on them one by one; the obligations of accomplishing the expert testimony on time, the obligations of responsible for expert opinion, the obligation to lawfully avoid, the obligations of safekeeping the evaluation material simple information, the obligation to testify, the obligation of subject to judicial control and supervision of the executive, the obligation of the judicial pre-service training and continuing education, were also made comments. Overall, rights and obligations of judicial appraiser of our country are more comprehensive, but too crude, are a relatively large improvement space.The chapter tree mainly introduced the right of witness expert issued expert opinion independent, the right to get appraisal fees, the right to judicial protection in the major common law countries and regions; the obligations of expert witnesses to fulfill contract, the obligation of getting court cross-examination statement, the obligation of the oath, the right to understand of the relevant facts about the case, the right to refuse, the right to present in expert opinion in independent, the right to receive remuneration; the obligation of identification obligation, avoid conflicts, the obligations of an oath, the obligation to testify and other obligations in civil law.The chapter four mainly introduces improve the system of the rights and obligations judicial appraiser. Understanding of the relevant facts about the case, the right to refuse, the right to present in expert opinion in independent, the right to obtain assistance, the right to receive remuneration or right related costs the right of access to education and training should be improved. The obligations of presenting the judicial expertise suggestion on time , the obligation of avoiding conflicts, the obligation to testify, the obligation of an oath, the obligation to participate in education and training and other obligations.The author's view is briefly summary in the conclusion, illustrating the significance of this study and expressing that the future will continue to study this problems.