Research On Legal System Of Judicial Expert Appearing In Court

Appraiser refers to the subject who uses special knowledge and skills to analyze special issues and put forwards scientific opinion. Appraisers is of great importance in civil litigation, the appraisers should be neutral and helps the court to find out the truth. Appraisers should be cross-examined by the plaintiff and the defendant, so the right to confrontation can be well protected in this process. However, the appraisers’appearance rate is very low and the right to confrontation is deprived. The court is also hard to find out the truth if the appraiser does not appear in court.In legal practice, the appraisers are not willing to appear in court because the laws have no rules about the appraisers appearing in the court for cross-examination, so the appraisers and the court are inclined to neglect this procedure to save the costs. This is also relates to the litigation mode which is named inquisitorial system rather than adversary mode.In order to solve this problem, this dissertation researches the legal system of appraiser appearing in the court from the theoretic and practical perspectives. The author maintains that: firstly, the legal system of cross examination should be improved, if the appraisal conclusion is not cross examined, it can not be used as evidences; Secondly, the legal liability should be strengthen, the civil responsibility, litigation responsibility and administrative responsibility can be used to increase the unlawful cost; thirdly, the right of appraisers such as the right to get economic remedy and personal protection should be confirmed by the law; fourthly, the exception should be clear, so the appraisers can be strictly restrained. We believe that with the measures above, the legal system of appraiser appearing in the court can be established, but the reform of legal system of civil litigation should be continues.