Study On The Admissibility Standards Of The Appraisal Opinions

The reform of the judicial authenticate system not only brings changes among judicial authenticate structure in macroscopic view, but also drives the admissibility standards of the appraisal opinions into perfection in microscopic view. Appraisal opinions is that people who have specialized know-how or experiences may make totally different Appraisal opinions for the same special issue, owing to the influences of their own knowledge structure, technical abilities, experiences, psychological status and objective conditions. Therefore, the appraisal opinions does not have the potency of "the king of evidence" anymore, as a kind of legal evidences, which has to take the judicial review on adaptation like other evidences. And the admissibility, or called permissibility, is the ability whether the evidential materials can be used and a qualification for being used in the judicial case, which also is a key concept in Anglo-American genealogy of law, while in civil law countries, the competency of evidence is similar to evidential admissibility. They more likely focus on the procedural value in the review of competency of evidence, in order to ensure the evidential qualification of the evidences acquired.The Admissibility of appraisal opinions is a legal verdict, and provides legally in what kind of the condition the appraisal opinions can be the evidence in the court. It solves the problem of evidential qualification in form. If the authenticate subject for the qualification, the authenticate materials are inauthentic, the authenticate claims are irrelevant, the authenticate procedure is illegal, the method of authentication is unscientific, the authenticate files don’t correspond to the form, or in other circumstances, the identifier’s appraisal opinions will be get rid of the court. Grasping the admissibility standardss of appraisal opinions not only safeguards the implementation of legal procedures, but also enhances the competency of evidence to the hilt. There are two typical expert patterns, expert evidence of Anglo-American genealogy of law and appraisal opinions of civil law countries. The expert opinions from Anglo-American genealogy of law countries are not isolated evidence pattern, which are adopted or not by the jury box’s decision. These standards concerning relative and reliable reviewed by the judge are the adaptive standards of the appraisal opinions. In civil law countries, the identifier, assistant of the judge, makes up the expertise for the deficiency of the judge, contributing the authenticate opinions to the legal evidence in the legislation. There has a series of perfect system on the set of the accrediting body and assigning to identifiers. They take neutral positions on the establishment of the accrediting body, and high standards on the elective office of the identifier.The legislation and judicial interpretation of our country roughly spread out the provisions on the admissibility standardss of appraisal opinions. These could not solve the problems occurring in the judicial practices. Most important of all, the judges don’t have full enough understandings on the admissibility of appraisal opinions, and the experts don’t lucubrate the establishment of admissibility standardss of the appraisal opinions. The indeterminacy, irrationality of the legislation and the shortage of the theoretical research mainly manifest as the following show, the deficiency of the scientific standard, necessary standards over simplified, the indeterminacy of the relative standard, the imprecision of the validity standard, which result in a series of kickbacks, for example, the reviews of admissibility of the appraisal opinions taken by the judge becoming a mere formality, reduplicate authentications causing resources wasted, arbitrary selections taken by the judge making the credibility decreased and the neutral position of the appraisal opinions being queried. Considering the problems on the admissibility standardss of the appraisal opinions, taking example by the relative rules of admissibility carried out by two genealogies of law, China should take measures from relevance, validity, necessity, reliability of the authenticate opinions to complete the admissibility standardss of the appraisal opinions.