Research In Some Questions Of Judicial Appraisal In Detection Iinstitution

Judicial appraisal is a kind of special lawsuit activities. It exercises technology and special knowledge to solve the technical questions involved in lawsuits. Its value lies in that it can record and fix trace, matter witness objectively, accurately, promptly. Using scientific distinction, analysis method it analyzes matter witness, the trace and so on and gives judgments objectively, which can find the reasons and conditions in some facts. On the other hand, judicial appraisal also can use the special knowledge to determinate the similarities and differences in different case objects, carries on the science to certain case process the recollection, which can lay the foundation of lawsuit activity effectively and accurately. Along with the rapid development in social economy, the concept"judicial appraisal"as a kind of lawsuit"method"which was unknown very well has already appeared more and more frequently in the social life. However, until now as a part of the whole judicial appraisal, the work of judicial appraisal in detection institution has many disputes for its particularity in itself and the legislations and the historical reasons developed in judicial appraisal. How to recognize the nature of judicial appraisal and strength the management in practice are very necessary in reality. So in this thesis the author want to expatiate the basic nature, the status and the questions of judicial appraisal in detection institution, trying to bring forward an effective approach for the settlement of this issue, hoping to discuss with teachers and colleagues. In this thesis, the author uses a comprehensive technique of a historical method, a comparative method and the combine method between theory and practice in order to better analyze this topic. There are all together five chapters in text of this paper and the following are the details of the text:Chapter one is about the introduction of judicial appraisal. In the first section, the author introduces the definition of judicial appraisal, then emphasizes on analyzing the basic nature of judicial appraisal. It is the basis in theory of writing this paper. The second section expatiates the function and of judicial appraisal in lawsuit activities and points out the practical significance of judicial appraisal.Chapter two introduces the basic contents included in judicial appraisal and the nature, the status of the contents, by analyzing management objects in judicial appraisal. The first section is about the nature and the status of the expert of judicial appraisal. The second section is about the nature and the status of the judicial appraisal institution. From different kinds of standard angles, the third section expatiates the standard of judicial appraisal.Chapter three is about judicial appraisal in detection activities. This chapter is divided seven sections. The first section elaborates the detection concept, the nature, the duty in detail. The second section analyzes specifically the vital roles of judicial appraisal in the detection. According to the analyses in the second section, the third section summarizes the special principle which judicial appraisal should follow in detection. Based on the knowledge of the the expert of judicial appraisal, the organization of judicial appraisal and the scope of it, the fourth section continues the understanding about its own characteristic of judicial appraisal in detection institution. Using the historical analysis method the fifth section introduces the development and the evolution of judicial appraisal in detection institution. The sixth and seventh sections introduce the questions and the disputes existed currently in judicial appraisal in detection activities, and further make the analysis to these reasons for the questions.Chapter four is about comparative research on foreign management in judicial appraisal. From the comparative angle, the first section introduces the foreign management pattern in judicial appraisal in detection institution, then summarizes the overseas movement characteristic in judicial appraisal in detection institution. The second section analysis comparatively something in common and the difference about judicial appraisal in detection institution between domestic and foreign, and then give the conclusion on the domestic and foreign different patterns place of fit and unfit quality.Chapter five is about the rules and regulations suggestions on judicial appraisal in detection institution. The first section is mainly about the question of uniform management on judicial appraisal in detection institution, then specify the connection between"common"and"special". The second section analyzes and clarifies the difference about legal concepts between appraisal activity and detection activity. The third section proposes the suggestion of management pattern on the judicial appraisal institution subjected to detection institutions. The fourth advances the settlement projects about the question on reappraisal qualification in detection institution. From the angle of judicial appraisal standard and the experts of judicial appraisal, the fifth and sixth makes suggestions on these kinds of questions.The concluding remark part manifests the primary intention of this thesis and strengthens the importance and the practical significance on the management of judicial appraisal in detection institution.