Case Analysis And Legal Thinking On The Appraiser 's Appearance In Court

Testimony is different from the common witness to testify, has its unique status in litigation. The 2012 revised "Civil Procedure Law" clearly provides expert witness system, behavior norms and constraints are identified for identification of institutions and personnel identification, authority and credibility enhancement of expert opinion, properly handling for the case, has the vital significance. But in the judicial practice, because of the difference of principle and understanding of the system of legislation, judicial application still exist many problems and shortcomings, such as the abuse of human rights for the appraiser to delay the lawsuit, expert witness testimony rate is not high, scope, time limit, cost, not clearly lead to operation is not enough specification for expert witnesses, the people’s court and the litigant not know what course to take. In this paper, through the analysis of a typical case of the expert witness to testify in court, judicial dilemma facing lead appraisers, and further combined with other domestic relevant research, analyzing the legal attributes, litigation status of expert witness system from the theoretical level, facing the main problems existing in the establishment and development, our expert witnesses to testify the system from practice and discusses the cause of formation, and from the legislative and judicial levels improve the expert puts forward countermeasures and suggestions to testify in court system.The full text is divided into four parts. The first part introduces the basic situation of the case, analyzes the focus of controversy, put forward the theory of thinking. The second part discusses the legal character of expert witness testimony, and functional attributes. The third part of our civil litigation expert witness system evolution and understanding, summarizes the main problems exposed in judicial practice and problems, and explore the causes and reasons, points out the defect of the legislation and theory of the lack of knowledge. Thoughts and suggestions of fourth part, combined with the case study of the necessity of testimony of the legislation and the current legislative direction, and suggested that the initiative of legal interpretation in the judicial practice, to better address the appraiser testifying in court.