On The Application Of Appraisal Opinions In Civil Litigation

In the practice of civil procedure in our country,the judicial expertise has been playing a very important role."The appraisal conclusion" in "Civil Procedure Law" has been amended to "the appraisal opinion",symbolizing the civil procedure evidence system in our country being gradually perfect.The new law not only regulates the system of the the appearance of appraisers,but also confirmed the "expert assistant"system.That improves balances the parties' legal status so that they will confront equally in the proceedings.In addition,the parties have been granted the right to apply for the start of the identification process,which is conducive to realize their burden of proof and incarnates their dominant role in the proceedings.The new law plays a very important and positive role on the revision and improvement of the evaluation and the application of judicial appraisal.However,there are still some tiny problems on the way of its application in legal practice.The essay devotes to catch the opportunity of the revision of "Civil Procedure Law",along with other relevant revised provisions,concentrating on the identification of program rules,the identification of the nature of expert opinion evidence,the certification rules of the expert opinion and other issues,to give some operable suggestions on the improvement the judicial expertise starting mechanism,the confirmation of the statement of the the expert in the court as a supplement of the expert opinion,the improvement of the identification of opinion testimony procedures and improvement of the examination and certification rules of the expert opinion.