The Research Of The Protection System Of Judicial Appraiser Right In China

With the construction of the rule of law promoting gradually in our country, thelegal system reform is popular. As an important part of the judicial system, the judicialidentification system reform is inevitable. At the same time, the science andtechnology and the information are developing highly in the modern society, thejudicial proof enters into the era of material evidence, so the use of the judicialidentification opinion is more and more important. The Standing Committee of theNational People’s Congress passed the “decision of the management of judicialidentification” in February,2005; the "decision" is a symbol that the reform ofChinese judicial identification management system has entered a new stage. But, inthe background, when the law circle and the theoretical circle are researching anddisputing how promote the reform of the judicial identification system, the rights ofjudicial appraiser still not be given attention which they deserves. Although theProcedural law and the “decision” have the right provisions of the judicial appraiser,but those right provisions are not transformed into real rights in the litigation practice;when the theoretical circle researches the system of judicial identification, theresearch is always focus on the qualification of judicial appraiser and their legalliability, however, there is little research about the protection system of judicialappraiser right. Judicial appraiser right deficiency and inadequate protectionmechanisms lead to interest of judicial appraiser is damaged and even lead to thatlitigation activities cannot proceed successfully. So it is need to research judicialappraiser rights and the protection system of judicial appraiser rights both in theoryand practice.This thesis is divided into four parts to expound the protection system of judicialappraiser right. The first part is started in the general theory of judicial appraiser rightprotection system, and defines the concept, characteristics of judicial appraiser and itslitigation status. Through the analysis of the necessity of judicial appraiser rightsprotection to lay a theoretical basis for exhaustively discussing the protection systemof judicial appraiser right behind. The second part, this thesis compares and analyzes the judicial appraiser rightprotection system of the civil law countries and common law countries withcomparative analysis method, and points out the differences between them and theircommon development tendency to provide reference for perfecting our protectionsystem of judicial appraiser right.The third part, this thesis dissertates the present situation of the protection ofjudicial appraiser right in china, and analyzes the substantial cause of the presentsituation in detail, and we hope achieve the purpose that the protection system ofjudicial appraiser right in china by way of analyzing the present situation and reasonsof protection of judicial appraiser right in China.The forth part, this thesis provides how to construct protection system of judicialappraiser right in China from two aspects. They are legislation to protect judicialappraiser right and systematic protection system of judicial appraiser right, whichincludes protection system of judicial appraiser economic rights, protection system ofjudicial appraiser personal safety and social protection system of judicial appraiser.