On The Establishment Of Judicial Appraisal Of Our Country

In recent years, as democracy and rule by law of our country are reinforced and judicialsystem reform is deepened , traditional judicial appraisal system has exposed some deficiencies ,the reform of judicial appraisal increasingly has become a hot subject of both legal circle debateand public discussion..Judicial appraisal system is the foundation of legal system of a countryand is an important part of evidence rule, evidence rule reform requires judicial appraisal systemsome corresponding reforms. So, the current reform of justice appraisal system meets the needsof the judicial system reform of our country as a whole, and also meets the objective requirementof judicial fairness. This reform is an important and pressing task to achieve the goal of rule bylaw.This paper starts with " Huangjing case " which exposes some problems within the currentjudicial appraisal process of our country, by reference of some country`s institutions concernedboth from Continental Law and Case Law focusing mainly on the reform of judicial appraisalprocess to reach some suggestions to establish the judicial appraisal system better correspondingto Evidence Rule.This paper aims at now " diversity " appraise system abuse, puts forward establishment of"one main type completed by multiple types" and unifies the management of appraisalorganizations. The paper recommends to end the appraisal organizations of court and judicialadministrative department, to establish independent appraisal organizations to serve the society,to erect the system of registration for these appraisal organizations and through these reforms toavoid wastage and make the structure of appraisal organizations more reasonable. In the aspectof appraiser management, this paper recommends to carry out appraiser register system andassigned judicial appraiser engaging appraisal work must have appraisal professionalqualification to strengthen the management to appraiser. In the aspect of right and duty ofappraiser, this paper focuses on duty of appearing in court and based on the actual situationpresents some suggestions to improve the institution of appearing in court of appraiser andstrengthen the sense of responsibility of appraiser, and through these reforms to make the resultof appraisal more reasonable and objective. In the aspects of start .practice and restart of judicialauthentication , this paper focuses on the allocation of right to apply for judicial authenticationand power to decide and the mechanism of restarting the process of judicial authentication,through these reforms to escalate the degree of arguing in court by plaintiff and defendant , alsothis paper recommends to introduce the institution of "assistive expert" to help claimants to dealwith some expert issues to improve procedure efficiency and to be better involved in theprocedure.In the aspect of how to adopt a judicial appraisal, this paper recommends to analyzebased both on the capacity of proof of evidence and proof force , to how to examine the judicialappraisal and does some discussions on distortion of judicial appraisal, also with appearance ofappraiser and expert to prove in court, through these reforms to make the judge assured inside .Any judicial appraisal without the examination of court and argue and counter argue byclaimants in court should not be the base of being convicted and the judge must express reasonswhy not adopt the judicial appraisal conclusion as a base for judgment.This paper presents some original opinions including the management system in judicialappraisal, the distribution of power to make decisions and application right, restart of the processof judicial appraisal , the establishments of appearance of appraiser in court to prove andassistive expert and the distortion of judicial appraisal conclusion , which are the emphasis andvalue of this paper.