The Study On The System Of Chinese Judicial Appraiser

The judicial appraiser system is the core of judicial appraisal system. There are many defects in the role,qualification, rights and obligations and responsibilities of Chinese judicial appraiser system, and the function of judicial appraiser system is seriously affected, leading to the phenomenon of appraisal in many places and the repeat appraisal and leading to the waste of judicial resources and Judicial Unfairness, then triggering a serious social problem. In this paper, The author begins with learning from foreign judicial appraiser system, then gives detailed analysis about defects of Chinese judicial appraiser system ,at last the author makes recommendations about improving Chinese judicial appraiser system .There are more than 30000 words in the body of this papper,which has four chapters: In the Chapter one The author firstly illustrates the concept of judicial appraiser from the two legal system, then analyse the role of judicial appraiser from Two legal system.The expert witnesses from Anglo-American Legal System is the aider of litigant,and the judicial appraiser from continental lagal system is the the aider of judge. The difference of role comes from different mode of two Legal System. The author also elaborates the advantages and disadvantages of the role of judicial appraiser of the two legal system. Pointing at the defects of role of Chinese judicial appraisr system, on the basis of learning from the advantages of foreign judicial appraiser system, the author makes recommendations about improving the role of Chinese judicial appraiser.In the second chapter the author illustrates the judicial appraiser qualifications system. Firstly introduces foreign judicial appraiser qualification system, then gives a detailed analysis on defects of qualifications of Chinese judicial appraiser,the author gives the proposal about improving the qualifications of Chinese judicial appraiser.The third chapter is about the rights and obligations of judicial appraiser. Firstly observes the judicial appraiser rights and obligations from Western countries,then analyses the rights and obligations of Chinese judicial appraiser ,and makes recommendations about improving rights and obligations of Chinese judicial appraiser on the basis of the learn and the analysis. In the fourth Chapter,the author illustrates the burden of the responsibility of judicial appraiser. This chapter illustrates the burden of the responsibility of Western countries judicial appraiser from the criminal, civil, administrative responsibilities and Association constraints.Our country's regulations about the responsibility of judicial appraiser is less,and very unven,the provisions is conducted mainly from the perspective of the management of judicial and administrative organs . It is clear that the provisions about administrative responsibility are more, criminal responsibility provisions are vague, and very narrow in scope, civil responsibility is only a matter of principles,and the Executive is hard. Analysis and learn is still the basic idea of this chapter,the author makes recommendations about improving the burden of the responsibility of Chinese judicial appraiser from the criminal, civil, administrative responsibilities and Association constraints.