On The Appraiser In The Court In Civil Proceeding And Related Issues

In terms of procedural law in our country, the problems of lacking of relevantlegal provisions on the issue of the appraiser to appear in court had existed for a longtime. According to the principle of the direct words in theory of civil procedure, it isan obligation for the appraiser in the court, which is a due process and necessarymeans to study and defend the expert opinion. In judicial practice, the appraiser do notappear in court must due to special reasons, and they can only answer the questionraised by the parties in writing before has been permitted by the court. CivilProcedure Law of the People’s Republic of China (2012Amendment) clear providesthat” in the case of parties disagree on the expert opinion or the court holds it isnecessary to appear, the appraiser should appear in court. After the court notice, theopinion of experts who refuse to appear in court can’t be used for ascertaining thefacts, and the fee of appraisal will be return to parties.” The2012Amendmentprovides appearance in court system and the consequences of non-appearance for theappraiser firstly and clearly. Of course, before this provision, there are relevantprovisions scattered in” Civil Evidence Rules” and other related administrativeregulations. However, it can’t fully build up a complete system for the appraiser in thecourt only relying on shallow regulations of Civil Procedure Law. We still need tostudy and clear relevant procedural details. The chaos of identification management system in our country represents significantly. The qualification of appraiser can’tbear examination. Repeat identification happen often. To establish a perfect system ofthe appraiser in the court is a great help to establish the judicial authority.This paper is divided into four parts. In the first part, the first point is the reviewof the development of China’s appraiser system. Before the2012Amendment, ourcountry also has the appraiser system. However, due to lacking of supporting systems,the rate of appraiser in the court is low, and the quality is poor. It is the2012Amendment first time to confirm the system in procedural law, which clear confirmthe full responsibility under appraiser. The legal consequences of the appraiser notappear in court is also carried out by the provisions. The second point is to investigatethe necessity of appraiser to appear in court. Starting from the jurisprudence,procedure or reality, the appraiser has its necessity. In jurisprudence, the appraiser toappear in court complies with the principle of taking facts as the basis and the law ascriterion, the principle of equality before the law and the principle of independence ofjudicial organs exercise their functions and powers. In procedure, the appraiser toappear in court complies with the efficiency of litigation, direct words principle andthe principle of debate. In reality, the appraiser to appear in court is conducive to theimprovement of judicial justice and promoting the reform of trial mode which helps tosave the cost of Justice. In the second part, this paper analyses the current situation ofappraiser to appear in court and analyses the reason of the situation. The third partelaborates the present regime and the existence question of appraiser to appear incourt. Legal status of appraiser in court is unknown. The specific procedures in courtare not clear. The appraiser treated as witness is not appropriate. Through the relatedsystem of extraterritorial investigation, we can perfect the related system of ourcountry. The forth part summarizes and structures the path to improve the appraiser toappear in court.In addition, there is another special problem on medical technical appraisement.Medical technical appraisement has its particularity issued in the identification of human management, appraisal institution and expert opinions. Medical technicalappraisement can be divided into two parts: the medical accident identification andthe medical damage identification. The medical accident identificationis administrative authorized, which do not have the nature of judicial identification.Whereas, the medical damage identification is a special kind of judicial identification.The appraiser should be unified in the management system of judicial expertise.