Appraisal Disputes In Civil Judicature And Its Settlement Mechanism

In the current civil judicial practice, because of the dissatisfaction of the appraisal opinion, the Party often has problems with the public appraisal institution and the identifier, and such disputes usually expressed as the parties to the judicial administrative authorities to report complaints, social accreditation bodies seek explanation or social institutions identified as a defendant sued and so on. Furthermore, these appraisal disputes concentration on some types of civil disputes and civil judicial identification. And the parties in disputes have complex purposes. At the same time, the disputes mainly resulted from the parties and other three types of public appraisal institution(especially in some famous public appraisal institutions). Judicial appraisal disputes overwhelmingly endangers the appraiser's freedom and safety, disturbing the normal order of appraisal institution, damaging the judicial credibility, making it difficult for the court to pass the appraising opinions, which become the disharmonious vital element, so we should think highly of it to prevent the situation from enlargement.There are so many reasons for appraisal disputes between the party and the public appraisal institution,including social elements, civil appraisal problems, public appraisal institution and the identifiers' identification problems, and the judicial administrative authorities' management effectiveness. Therefore, in order to efficiently avoid the appraisal disputes in civil judicature, our country should mainly improve the civil judicial procedure, developing the appraisal disputes prevention institution and identification dispute settlement mechanism, meanwhile,Perfection on the identification disputes and crimes involving the parties in dispute processing.This paper is divided into four parts:The first part is to analyze the current appraisal disputes of civil judicature. On the one hand, it describes the characters of appraisal disputes, Analyzed the types and identification species which easily leading to appraisal disputes, including the characters of the parties and public appraisal institutions. On the other hand, According to the means taken by the parties, the civil judicial appraisal disputes are classified into major disputes arising from the parties to identify complaints, petitions, sue and to society caused by accreditation bodies seek explanation, analysis the logic and the way of party.The second part is to analyze the reasons for appraisal disputes. Mainly analyzed from the following aspects. First of all, the most important reason of the party is the strength of citizens' legal awareness and social impact. Secondly, it's result from the judicial administrative organs' insufficient macro-management to public appraisal institution, and the profit-driven causes of social appraisal institutions resulted to money identification, Identification and characterization of human illegal identification of abnormal phenomena emerging, lead the reliability of expert opinion is not strong, causing the parties questioned. At last, because the judge by expert witnesses to testify and expert auxiliary system effective review appraisal suggestions, so that can not be handled through the court trial procedure identification disputes arising of the disputes.The third part is to analyze the causes and enlargement of forensic pathology disputes. This section analyzes how the expansion of forensic disputes, that is how the parties in disputes evolved into the administrative judicial administrative bodies, and evolved into a public security cases, criminal cases. For the reasons, we can analyze from judicial administrative bodies and the appraisal disputes of court, and the parties.The fourth part is to analyze the settlement mechanism of appraisal disputes in civil judicature. There are three aspects: the first step is to build a preventive mechanism of appraisal of the disputes. One is mainly to strengthen the social appraisal institution and the management of appraiser to improve the reliability of opinion. The other is to build a process-oriented trust evaluation procedure, by the parties involved in identifying program, eliminate the parties' concern, and prevention the appraisal disputes. The second step is to build the settlement mechanism of appraisal disputes, by rebuilding the judge judicial power, improving the system of expert witness to appear in court and expert auxiliary system, using the court trial procedure to solve the appraisal disputes. At last, our country should perfect the way to identify the settlement of the dispute so that to strengthen the appraisal of some disputes in the involved parties who is illegal.