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Theory Analysis On The Access System Of Chinese Judicial Appraiser

Posted on:2016-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:X GuoFull Text:PDF
GTID:2296330461958845Subject:Investigation
Abstract/Summary:PDF Full Text Request
In today’s rapid development in science and technology, science and technology permeates every aspect of our lives, the law is not exceptional also, our way of judicial proof in science and technology rapidly changing, under the drive of the witness model transition to material evidence. Material evidence to its objectivity, has the high strength a significant role in to prove the case facts, become the new "king of the evidence"; Relative to witness, however, and as evidence of "silent", need to dig potential information material evidence to prove the case facts, judicial authentication to adapt to and meet the needs of the physical evidence of the emerging and rapid development, we entered the era of "litigation is to make appraisal". Judicial authentication opinions for its scientific nature be in one of the decisive evidence of resolution of the judge, but depends on the advanced scientific theory and the judicial authentication activities of science and technology as well as the subjective initiative and objective activity of coexistence of scientific evaluation objective scientific judge once the excessive trust, inter alia, the appraisal opinions without review and direct, become incentives to make the judicial misjudged cases; Evaluation was made in the judicial appraiser, people subjective initiative under the influence of various subjective and objective factors are likely to make wrong appraisal opinions, even if the judicial appraiser in its purest motives appraisal opinions, also hard to get rid of the danger of mistakes. So, in order to ensure the accuracy of the appraisal evidence, authority and credibility, as the identification of the main body of the judicial appraiser’s qualification is particularly important, in order to guarantee the quality of appraisal evidence, from the source to access qualification of judicial appraiser of this "variables" to strictly limit, make its in our efforts to benign development as far as possible, therefore, the judicial appraiser who make appraisal Suggestions, should be through the perfect access mechanism to improve the quality of the judicial appraiser team, improve the correctness of evaluation from the source.I can be divided into five parts:The first part introduce the basic theory of judicial appraiser access system. Mainly from the basic concept of judicial appraiser, qualification and access to the basic principles in three aspects.The second part introduces the theoretical basis of judicial appraiser access system in China. Mainly from the jurisprudence basis of judicial appraiser access system in China, economics and sociology in three aspects.The third part of the judicial appraiser of our country through analyzing the problems existing in the access system, trying to find out of our country’s judicial appraiser access system is not perfect.The fourth part introduces the related content of judicial appraiser access system, find suitable for our country judicial appraiser access effective content for learning in our country, to perfect our judicial appraiser access system.The fifth part from the necessity and feasibility of our country judicial appraiser access system two aspects analyze the meaning of judicial appraiser access system in China and the implementation environment, and puts forward the solution to the problems existing in Chinese judicial appraiser access system response, the hope can help to perfect our judicial appraiser of access system.
Keywords/Search Tags:the judicial appraiser, Access to theoretical foundation, access
PDF Full Text Request
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