The Approaches And Ways Of The Improvement Of Testifying Force In Judicial Appraisal

The testifying force of evidence refers to the degree to which the judges can understand the fact of cases based on the judgement of the credibility and interrelation of evidence. The evidence of judicial appraisal appears in the form of letter of appraisal, which should contain the following content. Firstly, what is appraised is true and embodies the will of the appraiser. Secondly, to what degree can the letter of appraisal testify what is to be appraised. As a result, the testifying force in judicial appraisal has double connotations and structures. One is in inform, the other is in essence. Improving the testifying force in judicial appraisal is the essential content of appraisal entrusted by the people's court. The judicial appraisal has its own characteristics and requirements different from those of other appraisals. Hence, the appraisal conception conforming to the characteristics and requirements of judicial appraisal should be established and the conclusion approach which meets the information-collecting needs for trial should be adopted. Apart from fully demonstrating the professional competence of the appraiser, this article, centering around the form and essential requirements of the testifying force in judicial appraisal, deals with how to improve the testifying force in judicial appraisal according to the way to determine and entrust the appraiser, appraising conditions and responsibilities provided by the concerning parties as well as the conclusion-drawing approach.This article, according to the requirements of the testifying force in judicial appraisal, applies the responsibility principles of evidence presentation into the entrusted appraisal and allocates the responsibilities of appraising conditions provided by the concerning parties by means of combining appraisal and trial in order to improve the objectivity, comprehensiveness and accuracy of the appraisal conclusion and to determine the responsibilities of interfering with the appraisal. This article analyzes the characteristics and requirements of judicial appraisal, whose purpose is to solve the arguments and contradictions as well as the interest conflicts of the concerning parties. It also discusses the conclusion-drawing approach in judicial appraisal, gives full play to the role of querying evidence, comprehends the conditions of appraisal conclusion and its applicable range, properly handles the testifying force in judicial appraisal and appropriately collects evidence for appraisal in order to improve its testifying force.