Research On The Appraiser Abuse

Although we hold different views about the concept of judicial authentication, but the unique value of judicial authentication received great attention and recognition in modern society,we do not have any reasonable doubts about the value of judicial authentication, it makes indelible contributions in the litigation activities for the realization of justice value and efficiency value of human-beings. However, as been influenced of its rationality value, the abusing judicial authentication phenomenon appears in specific case in judicial practice,which waste judicial resources seriously, affect the judicial fairness, justice and efficiency. So, of all the reasons caused this phenomenon, there are some reasons from the parties’ aspects, some reasons from the judicial authentication institutions and identifiers’ aspects,some reasons from the judicial organs’ and the judicial officials’ reasons, while the deeper reason causes this phenomenon is the the judicial appraisal system and legislation. In order to solve the problem of abuse of judicial authentication, on the micro, we need to build and perfect a series of specific system, such as, strengthen the management of court internal appraisal and assessment mechanism, strictly enforce the parties negotiate identified institutions and expert witnesses systems, strictly implement the professing system to the identifiers, establish a unified, perfect judicial appraisal standard, strictly enforce exchange identification of materials between parties, interrogation and objection to argue systems, Strictly implement the appraisal cost and the identifiers’ appear the court’ cost listed separately to restrain the identifiers system, perfect the expert auxiliary system, strictly enforce judicial appraisal period management system, strictly enforce the system of quality and efficiency evaluation in expert testimony, set up a sound strict supplementary identification and reappraisal reviewing the system, strictly enforce the system of appraiser’s appearing in court for questioning opinions restricted by relevant legal responsibility, etc. On the macro level, we should perfect the judicial authentication management system, do the works of administration of judicial authentications well, such as, unified judicial authentication administrative system, strengthen the administration of judicial authentication institutions and judicial appraiser management, at the same time perfect a sound system of judicial appraisal industry management, and exert the judicial appraiser association autonomy society functions. All in all, solving the abusing of judicial appraisal is a systematic project, on one hand, we need to design and perfect specific rules, on the other hand, we need the macro thinking grasp, and,to solve this problem under the current law framework is very difficult, and the establishment of unified judicial identification method will be the final solution.