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The Review Of Appraisal Suggestions Judgment

Posted on:2012-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhaoFull Text:PDF
GTID:2216330338959240Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
The objective of reviewing of appraisal suggestions by a judge is to help determine the professional information implied through the expanding features of the proceedings, with the argument function of the proceedings ,the judge to decide whether to adopt basis to provide fairness.It is not that the appraisal suggestions on the nature of scientific inquiry, but bypre-legal review process to resolve legal issues. Besides the introduction and conclusion, the article is divided into three parts, about thirty thousand words.The first part:Expounds the target location of the expert opinion by the judges reviewed and judged. Two aspects are introduced in detail:"objectives that should be considered "and"dual objective by the judges reviewed and judged".From the two draw their own conclusions:the review and judgement of expert opinion should proceed from two directions: the admissibility and the competency. On the basis of participation and understanding, to procedural justice and enhance the credibility as the focal point,ultimately achieve a satisfactory solution to the dispute.The second part :For specific objectives,I made a number of specific procedures construction.Focus on "participation" and "understanding",start from three aspects:First, the expert opinion of the description and interpretation: Specific constructed the appraiser court system(reflected that"explain") and appraisal witness system(reflected that "interpretation"); The second,the understanding and argument of the parties to appraisal suggestions: Specific constructed the open of appraisal suggestions before the court process (reflected that "understanding") and the cross-examination of appraisal suggestions program(reflected that "arguement") ;The third, the Court's understanding and judgment on the appraisal suggestions: specific constructed the appraisal experts juror system (reflected that "understanding") and design appraisal suggestions censorship judge rules.The third part:Constructs the judge issuing public the system of the revealing of the discretional of evidence after "understanding"and"judgement".Mainly aimed at two aspects:the revealing of the discretional of evidence of referee documents and the referee answers doubt after judgement.In order to improve the judge in that at the same time, improve public trust.
Keywords/Search Tags:Appraisal Suggestions, Examination and Judgement, The Admissibility, The Competency, The revealing of the Discretional of Evidence
PDF Full Text Request
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