The Research Of Status In Litigation Of Judicial Appraiser Under The Perspective Of The New Civil Procedure Law

With the continuous development of science and technology of modern society, involvedin the litigation procedure of high precision technology is also more and more. Judicialauthentication in proceedings of the role of also more and more important.The judicialappraiser as active factors in the judicial authentication mechanism,In the judicialauthentication mechanism in the operation of the program is in a core position.The appraiser’slegal status in civil litigation procedures has been blurred.Research on this problem for thewhole civilian identification procedure is very basic and important for improving andperfecting.In the new civil procedural law revised from time to time,explore and clear judicialappraiser status in civil case in court proceedings,is beneficial to determine the basic patternand framework of the appraisal system in civil lawsuit.Addition to the introduction,This paper mainly divides into four parts, a total of morethan thirty thousand words:The first part is about an overview of the basic theory of judicial appraiser.It defines theconcept of judicial appraiser and judicial appraisal main body.Judicial appraiser refers to thelegal proceedings in accordance with the law, accept the appointment of judicial organs, withits registered in the judicial administration department qualify as expert witnesses confirmedin professional knowledge, using the technology to litigation professional technical problemsinvolved in testing, analysis, and discriminant, and views on the appraisal result appraisal ofnatural person.Judicial appraisal main body can only be natural person rather than theappraisal institution or legal person.The chapter differentiate relevant concepts such as thejudicial appraiser and expert auxiliary, the witness and the expert witness.The second part focuses on the inspection of judicial appraiser litigation status of Twomajor legal systems of different countries and regions.The advantages and defects of differentposition are analyzed.Also this chapter fully discusses the improvement and development ofdefects,And on this basis, putting forward the enlightenment to our country.The third part expounds the litigation status of judicial appraiser in civil lawsuit.On thebasis of the change of judicial appraiser litigation status after the founding of our country.Thispaper analyzes the new civil procedure law of judicial expert witnesses the status in thepresent situation and defect definition. The new civil procedure law revision to the appraisal procedure highlights the properties of the judicial appraiser as evidence method.Butessentially emphasis is still being a judge of auxiliary functions.The fourth part puts forward the thinking about clear judicial appraiser litigation status inChina.Under the guidance of our guiding ideology of strengthening procedure safeguard,safeguard orderly and safeguard the legal rights of the parties concerned, this chapter putsforward the ideas of clear judicial appraiser litigation status in China.In the civil action thejudicial appraiser as evidence method attribute in the main position, the judge auxiliary peopleattribute.Expert witnesses as an judge auxiliary people is located in the back burner.Thischapter emphasizes the idea of procedural measures which supports the perfection of judicialappraiser litigation status.Such as the perfection of starting evaluation procedure and theperfection of Cross-examination and certification program.