A Study On Perfection Of Judicial Appraiser System In China

In the days of information era the technology has changed tremendously and social work has become more delicate and complicated. Sometimes the judge can hardly make an exact holding on some special affairs appearing in the litigation. However, the judicial appraiser is often invited to resolve the special dispute of case in order to investigate the objective truth. With the processing of judicial reform, the litigant theory and mode have started to change. At present the appraiser rules, the core of appraisal system, must be also reformed to satisfy the needs of judicial reform. The appraiser who is the concrete operator of appraisal tasks has knowledge, skill and capability, which cast a direct influence on the exactness of appraisal conclusion, on the procedure of litigation and arbitration as well as on the protection of the litigant party's benefits.This paper is divided into three parts: preface, main body and conclusion, whose main body includes six chapters.The first chapter introduces the survey of the judicial appraiser system. It mainly presents the concept, common traits, classes and some relevant notions of two legal families, which lays the foundation for further analysis.The second chapter introduces and reviews the litigation status of judicial appraiser of two legal families. Then it is concluded that different advantages and disadvantages will be drawn out of the different litigation status. Finally based on this conclusion, it discusses the present litigation status in China and those aspects which needs to be reformed.The third chapter compares the different judicial qualifications stipulated by two legal families. It aims at the current stipulations of our country and meanwhile offers some reformatory suggestions to satisfy the needs of judicial reform.The fourth chapter analyzes the reasons of different methods for selecting judicial appraiser and the different results from those methods, regarding the aspects of litigation ideas and modes of two legal families. Moreover it brings forward the reformatory ideas about the current selecting methods.The fifth chapter firstly introduces the regulations on rights and obligations of judicial appraiser of two legal families. Then it explains the tendency of judicialappraiser system reform of our country with Decisions on Judicial Appraisement Administration of Standing Committee of the National People's Congress the enacted law in 2005 and outlines the suggestions to how to perfect the rights and obligations of appraiser.The six chapter illuminates the inculpatory principle and property of legal liability of judicial appraiser. After analyzing the property of legal liability of appraiser of our country, it conceives steps to how to perfect the legal liability of judicial appraiser of our country.It is an appropriate choice to reform our existing judicial appraisal system by reviewing the present situation of our country, studying the beneficial experience of appraisal system of western countries and absorbing the advantages of appraisal system of two legal families.