Study On Civil Judicial Appraisal System

In modern society, appraisement, as a kind of expertise on specific issues by distinguishing and judging, is becoming more and more widely used, and plays an increasingly important role in civil trials, but throughout law and regulations of our country, there is not a mature civil judical appraisal system currently, besides, there are many problems existing in the related provisions, resulting in the serious phenomenons of"lawless"and"against the law"in judicial practice.Therefore, it is very necessary to build a scientific and rational, fair and efficient civil judicial appraisal system through either theoretical research or improvement and consolidation of the related law and regulations in China.There are five chapters (except for the introduction and conclusion),by means of theoretical guidance, practical feedback and mirror reflection,to study on this problem.Chapter One: Theory basis of the civil judicial appraisal system. I will introduce the basic theory, including the concept and essence of civil judicial appraisement, the competence of expertise and the connotation and denotation of the civil judicial appraisal system.Chapter Two: Overview of the civil judicial appraisal system in our country.In this chapter, I will talk about core content of the civil judicial appraisal system in China, through aspects of the subject of appraisement, the startup program of appraisement, the implementation procedure of appraisement, ross examination and authentication of expertise.Chapter Three: Comparison and enlightment of the two legal systems. In this part, I'll introduce the five aspects above in continental legal system and anglo-American legal system respectively. Conclude their feature, reference and study advantages.Chapter Four: Analysis of the necessary of improving the civil judicial appraisal system. In this chapter,I point out the deficiencies of the civil judicial appraisal system in China, discuss the function of the system, and summarized its inevitability of historical development, intending to prove that improving the civil judicial appraisal system is imperative.Chapter Five: The design of relative perfect civil judicial appraisal system. I give my advice from five parts, which are legislative mechanism, liability of judicial expert witness mechanism, appraisal implementation mechanism, re-startup program mechanism and authentication mechanism for improvement. Aim to build a scientific and integrate civil judicial appraisal system in our country.