Re-appraisal means, when the principals think the appraisal suggestion of the initial appraisal is unreliable after examination, they will entrust the former appraisal institutions or other appraisal institutions to re-appraise the same thing. Re-appraisal is the inherent requirement of procedural justice, and its purpose lies in further correcting the deviation the initial appraisal to guarantee the appraisal scientific and effective. At the same time, the court which has excludes the defense's application of reappraisal because of malicious and abuse, should allow starting reappraisal based on protecting the positive obligation of the right to produce evidence.But there are many problems in unreasonable re-appraisal operation during judicial practice which are still not solved well because of defects in the re-appraisal system of the criminal procedure in our country. On one hand, the application of the parties to re-appraise and statutory department's start-up reappraisal itself time and again are too overflowed for various reasons; On the other hand, prosecuting and judicial department limit the reasonable re-appraisal optionally to satisfy their own purpose of litigation "efficient", which is legal but unreasonable to deprive litigants' re-appraisal right. As a result, it presents a phenomenon to over-limit the re-appraisal.The invalid re-appraisal that, impairs science of the appraisal to disturb the justice; leads the effect of appraisal to lower level;affects the oneness of appraisal which derogate the authority of justice. The causes of the unreasonable re-appraisal are complicated. The principles of control of re-appraisal include general principle which is the entia of open and controllability and special principle which starts the death penalty'case forcibly.The main conceive of consummating re-appraisal includes specifying startup power and manipulation of re-appraisal, fetch expert- assistant system in, strengthening legal responsibility of forensic. |