The Research Of The Admission System Of Judicial Appraiser In China

With the development of the rule of law in our country, the judicial appraisal system became an important component of China’s legal reform. Along with science and technology changing with each passing day, litigation activity appears more and more scientific evidence, the scientific evidence needs to be handled by judicial authentication, judicial authentication opinions in the litigation activity increase the role of the result of the trial, it puts forward higher requirements on judicial authentication. Judicial authentication method, technical methods and the quality of judicial authentication must perfect along with the progress of The Times. But at present, in the practice of judicial authentication with all sorts of chaos, such as the judge that too dependent on and one-sided understanding of judicial authentication opinions, the abnormal phenomenon of huge differences between judicial authentication institutions appraisal opinions, the prominent contradiction between the judicial authentication institutions and judicial appraiser and the parties, therefore, the development of science and technology and the practice of judicial authentication put forward the new challenges on professional quality of judicial appraiser. Especially under the background of the law reform era that emphasis "procedure justice and safeguard fairness and justice", that put forward higher requirements on the evidence and judicial authentication opinions especially made by the judicial appraiser based on scientific facts, and the professional knowledge, experience, skills and professional quality of judicial appraiser directly determines the effectiveness of the judicial authentication opinions as scientific evidence, it puts forward more strict requirements on the qualification admittance of judicial appraiser. At present, there are already relevant rules of judicial appraiser qualification access in our country, but many problems still exist in practice, not enough perfect, based on this, it is necessary to think from the origin of judicial authentication activities or from the perspective of judicial appraiser access system to perfect the related regulations and supporting system.This article is divided into four parts to expound judicial appraiser access system. The first part introduces the judicial appraiser access system from the basic theory or from the macro, first of all, this paper expounds the definition, the litigation status, rights and obligations, and selection of judicial appraiser; Secondly, this paper introduces the relevant provisions of judicial appraiser access system, including professional qualification, professional qualification and prohibitive provisions; Finally, the paper expounds the necessity to perfect the judicial appraiser access system. The introduction and analysis of current judicial appraiser access system provide conditions for improving the system of judicial appraiser access later in this article.In the second part, through the comparative analysis, the country’s judicial appraiser access system of two big law countries are analyzed, introduced, including the positioning of the judicial appraiser and provisions on judicial appraiser access system, especially in Britain, the United States as representatives of countries of Anglo-American law system and Germany, France, the Netherlands as representatives of countries of continental law system, for example, and comparing with the national judicial appraiser access system of the two law systems, some advanced regulations and practices in reference, to make up for some deficiencies of the judicial appraiser access system in China.In the third part, this paper expounds the present situation of our country’s judicial appraiser access system from the angle of legislation and practice. The paper introduces current judicial qualification system in China and the specific provisions of judicial appraiser access system in our country, and points out defects and deficiencies of our country’s judicial appraiser access system, especially qualify for conditions too loose, check way too formal, uncomplete unified management type, lack of qualified to continue review material, uncomprehensive judicial appraisal industry association management, etc., and analyzes the causes of these defects, in order to achieve better purpose of perfecting our country’s judicial appraiser access system.The fourth part mainly introduces the suggestions and measures of perfecting our country’s judicial appraiser access system, including perfection of our country judicial appraiser access system from the legislation, the mode of access, the innovation of related mechanism and reform of system, in order to provide the path for building the judicial appraiser access system with Chinese characteristics.