Evidence Examination Of Chinese Civil Judiciary Appraisement Verdicts

Civil Judicial Appraisement Verdict is an important evidence form, but its proving force is not higher than any other evidence forms. The necessity to judge and examine the verdict can be determined by the basic concepts and characteristics of the judicial appraisement verdict, the evidence properties and lawsuit functions, and the inevitable conflicts between various judicial appraisement verdicts.As is prescribed in the 29^th item of the Prescriptions on Civil Lawsuit Evidence Rules by the national Supreme Court, examiners of the appraisement verdict must examine its appraising basis, the scientific technology used, and the description of the appraisement process. However, due to lack of detailed prescriptions on how to examine, judge and adopt the appraisement, law-officers have no standards in refusing or accepting the verdicts. They are also at loss when confronted with different opinions on professional subjects. As a result, in justice practices their attitudes towards appraisement verdicts often lead to two extremities: they either accept the verdicts without any analysis, or have the appraisement repeated once and for another time, thus delaying the case. It has been a worthy question as to how to examine and adopt the special evidences that involve specialized knowledge.Beginning with an analysis to the long-lasting problems with the examination and judgment of the civil judicial appraisement verdicts in China, together with the causes, this article, based on the basic theories of civil judicial appraisement verdicts, seeks to establish and perfect the examining and judging system of the Chinese civil judicial appraisement verdicts, so as to achieve accuracy in fact recognition and justice in case handling.