Studies On The Judicial Expertise Management System In China

Expert opinion is the important and scientific evidence in lawsuit. Whether the expertise management system is efficiency or not may have positive or negative influence on expert opinion. Our country faces some difficulties and problems during the process of promoting judicial expertise reform. Therefore, the standard judicial expertise management system has not been finished. This paper analyses the problems of judicial expertise management system and draws lessons from other countries so as to perfect our judicial expertise management system. Except for introduction and conclusion, this paper includes four parts.The first section is the current situation of judicial expertise reform in China. First, this paper introduces the concept and features of judicial expertise. Judicial expertise has accurate definition in law, which is scientific, legal and neutral. Second, this paper summarizes the condition of judicial expertise in China. The judicial expertise reform in our country has not achieved many results. We still have many defects in the arrangement and management of judicial appraisal organizations, in the unified management of appraisal categories and in the supervision of professional appraisers. Therefore, it is essential to reform the judicial expertise management system continually. The second section is about the problems of judicial expertise management system in China. There are some deficiencies in the management system. It has been listed as follows. First, the existing arrangement of appraisal organizations are not scientific. The management of professional appraisal organizations is not coincident with social appraisal organization. Second, the management of traditional appraisal fields is unprincipled. The unified judicial expertise management system in emergent appraisals can not be confirmed. And the phenomenon of various items is serious. Third, as the administrative department for justice is slack in the supervision of appraisers, expert opinion is inefficient.The third section is studies between expert system of civil law system and expert witness system of Anglo-American legal system. This paper introduces management system of appraisers in Germany, France and Holland and management system of experts and witnesses in America separately. Through analyzing advantages and disadvantages of the above countries’management system of appraisers, the author hopes to find some beneficial experience to perfect judicial expertise management system in China.The fourth section is mainly about the settlement mechanism of judicial expertise management system in China. Based on analyzing problems and introducing foreign successful cases, our judicial expertise management system should be improved from the following aspects:strengthening the management of judicial appraisal organizations; constituting relevant laws to clarify the management of judicial appraisal categories and amplifying the supervision system of appraisers’operation.