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The Study On Certain Issues Concerning Appraisal Opinions Identification

Posted on:2014-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:C MaFull Text:PDF
GTID:2296330425479230Subject:Investigation
Abstract/Summary:PDF Full Text Request
Appraisal opinions, as one form of legal evidence, should be decided by judge whether itcould be the basis that identity the facts of case. But considering the incomplete laws on appraisalopinions and imperfect judicial forensic systems, there are many problems in the practice ofidentification of appraisal opinions, most of which mainly reflect in the subjectivity of the subjectof identification, the cross-examination of the appraisal opinions, rules of recognizing evidenceand the identification method of the judge documents. The above problems in the judicial practiceseriously influence the judicial justice and fair trial. Therefore, this paper clarifies the problemsexit both in the law and judicial practice and fatherly provides feasible suggestions by studying andanalyzing the practice of appraisal opinions identification.The strict reflection to identification of appraisal opinions should be rooted in theforensic present status: the status of the identification subject trends to go weak due to thedefects of legislation and low professional ability of judges as a whole and lack of subjectiveconsciousness. And the expert assist system as a choice of judicial practice still spares somespace to improve. The reason of identifying the appraisal opinions in the judgment documentspresents a low open degree. And the reason for reappraisal and adoption as evidence alsovaries. Due to the status of the legislation, the system and the implementation in practice, theattendance of expert witnesses in court is not easily come true. As part of thecross-examination, the content of the objection from both parties still need to improve, sothat the essence of cross-examination can’t become a mere formality.Methods of solving the problems that exit in the identification practice: studying of theconcept of appraisal opinions is the first step to analyze the necessity of appraisal opinionidentification. Its scientific nature, subjectivity and legal characteristics should be regarded as thefundamental elements in the analyzing process. In order to strengthen the status of the judge inidentification, be sure to reform the relevant law、forensic mechanism and professional ability.People with specialized knowledge participating in court should be flexibly understood. In order tosupport the judicial practice, suggestions on improving the identification rules need be builtthrough analyzing the competency and weight of appraisal opinion evidence. Examine on theappraisal reports should also be an important step for judge to verification the appraisal opinions.
Keywords/Search Tags:identification of appraisal opinions, the subject of identification, judgmentdocuments identification, cross-examination, identification rules
PDF Full Text Request
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