The Discussion Of Forensic Appraisers Appearing In Court In China

On February 28 2005, the 14th meeting of the 10th Plenary meeting of National People's Congress Standing Committee of People's Republic of China approved a decision on management of judicial appraisement, which specified for the judicial appraiser obligations for appearing in court. However, since implementing of the decision, the rate of the judicial appraiser appearing in court is still low. While judicial appraiser to appear in court is the legal rational demand, is also the parties' rational demands and expectation to know the evidence.In Chinese judicial practice, appraisers in cases didn't appear in court in most of time and read Appraisal Suggestions in court. This way is not consistent with the reformation on trial in China also obstruct the process of reform in China. Since that for our appraisals management reformation in judicial practice process faster, perfect judicial appraiser appearing in court system meaning specially.In this paper, the specific content and structure are arranged as following: the paper is divided into five parts. The first part is the introduction, mainly expounds the basic theory, involving judicial appraiser in court, the basic concept of judicial appraisement, appraiser legal status and the difference and relationship between the related concepts.The second part is lists and analyzes the judicial appraiser appearing in court systems in both countries of Civil Law System and countries of Anglo-American Law System. To examine on foreign rules of law on the judicial appraiser court systems, including the researches on the selection of the expert witnesses, rights and obligations of provisions and punishment rules, analyze and compare the two legal systems of the similarities and differences in the judicial appraiser appearing in court system.The third part is the current situation of our judicial appraiser in court, in our practice, the rate of judicial appraiser court is very low, from the subjective and objective to analyze the causes of low rate in court. Expert witnesses in court is the requirements of the law, but for the parties,judges and appraiser himself has positive significance.The fourth part is to perfect the system of the judicial appraiser in court. The procedures of the expert witnesses in court, the status and the right protection in court, confirmed the exceptions for default of appearance, and to formulate the punishment for the expert witnesses who default of appearance without exceptional case, experts assiatant system establishment to further improve and ensure expert witnesses in court system.Last part for epilogue. Based on the analysis of the full text of the improvement of the system of expert witnesses in court, and points out that the appraiser court prospects system consummation and development has its important meaning, and the reform of the system of expert witnesses in court is a necessity.