Research On Judicial Expertise In Construction Contract

Judicial expertise familiar to the public primarily lie in criminal cases,such as medicolegal expertise,judicial expertise of document or physical evidence,etc.Judicial organ tries to restitute case scene by scientific and technological method or obtain the case truth through experimenting or testing.The institutional system of judicial expertise in criminal cases is fully developed in China,but judicial expertise should not be limited in criminal cases,the civil cases and administrative cases also need specialist agencies or professionals to provide expert opinion increasingly,such as industrial injury evaluation in labor relation,handwriting authentication in contract,etc.The study of judicial expertise in civil cases is not regulated as in criminal cases,with numerous types of judicial expertise.The article begins with the study of judicial expertise in construction contract dispute,then to the improvement of the standard,management and regulation.Four sections was contained in the article.The first section is the general description of judicial expertise in construction contract litigation,analyzing the concept,characteristic and cause,indicating two ways of giving rise to judicial expertise,party application and court determination,stating the types of judicial expertise,building cost,quality,quantity,losses,etc.The second section is about the legislation and practice of judicial expertise in construction contract litigation.First,listing all legal provisions.which is stipulated in law,regulation,judicial interpretation,rules,etc.Second,explaining in detail the procedures,which include authorizing,accepting,implementing,giving opinion,etc.Finally,draw the conclusion about the basic situation of the system of judicial expertise at present.The third section is about the issues of judicial expertise in construction contract litigation.From the conclusion in second section,it is known that the detail operative specification and norm is not stipulated yet.so the author puts forward the issues of judicial expertise,which exist in subject,limitation,basis,opinion,reappraisal and supplementary appraisal of judicial expertise.The fourth section is the solution of issues of judicial expertise in construction contract litigation.According to the issues in third section,the author providesthe solution or thinking and gives practical advices to procedure norm,operation management and legal improvement.