Research On The System Of Appraiser Appearing In The Court For Cross-examination

The rapid development of science and technology challenges modern judicature,there is more and more specialized issues need to rely on scientific and technologicalmeans to solve in the judicial determination, the expert conclusion is more and moreimportant in judicial activity. Expert conclusions as a legal evidence must acceptcross-examination so it can be used as a basis for a final decision, and also as theexpert conclusion has become important factors that can determine result of the trial,the significance of the expert conclusion accepting cross-examination is self-evident.As the appraiser is the main body of making the expert conclusions, its appearance incourt is security expert conclusion effective cross-examination prerequisite. Ifappraiser won’t appear in court, the cross-examination to the expert conclusion willflow in written form. As unable to confirm the proof of expert conclusions, it willinfluence the judge’s mental impression formation, the judicial authority greatlydiscount, which also has violated the justice of judicature. However, due to influenceof the historical, economic, cultural and other factors, appraiser do nor appear in courtto has become a major dilemma in our country judicial. Appraiser escape the duty ofappearing in court is very common, the appraisal conclusion cross-examination over along period of time can not be carried out smoothly. There is many reason leadappraiser rates low for appearing in court, one of these is that the guarantee ofappearing in court for cross-examination do not due attention, the responsibility andright to appraiser is unbalance in law; the economic compensation and the economiccompensation rights of appraiser and the person, property safety of appraiser can notbe guaranteed, thus leading to appraiser is negative to the lawsuit. This paper is on theperspective of the security System of appearing in the court for cross-examination,discusses how to construct our country’s security System of appearing in the court forcross-examination, due to the elimination of ineffective protection of appraiser causedthe negative effect, improve the appraiser appearance rate, and better securityappraiser and the litigant’s right, also achieve the judicial justice value.Besides the introduction and the words of thanks, this paper is divided into fourparts, the rough content of each part is as follows:The first part is about the system of appraiser appearing in court. First, discussthe necessity of appraiser appearing in court in legal principle. Secondly, discuss the necessity of appraiser appearing in court from the view of the subjective of the expertconclusion and the scientific nature of the expert conclusion, and the obligations toappraiser. On the basic of this, discuss the present situation and the reason of ourcross-examination of appraiser.The second part is the overview of the guarantee system to the appraiserappearing in court. At first, clear the identification of the object of the System ofappearing in the court for cross-examination, discuss the concept and thecharacteristic of appraiser, clarifies clear the difference between the witness andappraiser. And second, discuss the theoretical foundation of the system to guaranteethe appraiser appearing in court, clear the value and the realistic necessity. At the end,discuss two respects content of the cross-examination of appraiser.The third part is the extraterritorial judicial testimony security system research.Respectively in the continental law system and Anglo-American law system todistinguish, explores the theory and practice of foreign countries on the system ofguarantee appraiser appearing in court to accept the cross-examination. Specifically,begin with the role, position of the appraiser(expert witness), and then discusses indetail the two major legal systems for the appraiser(expert witness) protect the rightsof the specific content and measure, as well as the safeguard mechanism. On the basisof this, the two law of cross-examination of appraiser security system were comparedand analyzed, analysis our country ought to be to draw lessons from.The fourth part is the construction of our country judicial appraiser qualitycertificate guarantee system. In this part first discuss the current situation of China’scross-examination of appraiser rights protection in legal, and give a detailed analysisof the existing problems. On the basis of this, according to the above thecross-examination of expert witnesses to guarantee a system analysis, proposed to ourcountry of cross-examination of expert witnesses right safeguard system constructionproposal; from the reasonable definition of appraisal of our country judicatory lawsuitposition of starting, the appraiser ’s right to remuneration, economic compensationand the right of person property security two respects to put forward specificproposals for establishing the rules.