An Empirical Study On Some Issues Concerning The Application Of Judicial Expertise In Civil Proceedings

With the improvement of China's civil procedure,forensic expertise is applied more and more in civil litigation.The "Civil Procedure Law of the people's Republic of China" revised in 2012(hereinafter referred to as the Civil Procedure Law of 2012)modifies the expression of the appraisal conclusion into an appraisal opinion,and further strengthens the evidence attribute of the appraisal opinion.Only certified opinions can be used as a basis for determining the facts of a case.At the same time,in order to better realize the application of the appraisal opinion in the civil litigation,the Civil Procedure Law of 2012 also made a principled institutional arrangement for the starting of the identification procedure,the appraiser's appearing in court and the expert assistant appearing in court.However,how to guarantee the right to apply for the litigant in the process of proof of testimony,the result of the appraiser's appearance in the testimony process is not ideal,the application of the expert assistant is not standard,the judge's authentication to the judicial opinion is not written in the written judgment and so on,which leads to the judicial appraisal in the civil lawsuit.There are still some problems in the application of judicial practice.Through collecting and analyzing the judicial practice data of the application of judicial expertise in the current civil proceedings,this paper,based on the existing legal framework,analyzes the problems existing in the application of judicial expertise in civil litigation,and puts forward suggestions and suggestions to further improve the application of judicial authentication opinions in civil proceedings.The full text is divided into four parts:The first part is an overview,which mainly introduces some basic concepts and characteristics of forensic expertise.The second part mainly through the selected six grass-roots courts of Nanning for 2012-2014 years and 1007 cases of judicial identification of the civil litigation cases of statistical analysis,from the identification of the start of the identification,identification and certification,the appraisers and other three aspects of the court to find out the existing problems and find out the reasons.The third part mainly introduces the characteristics of the application of the procedure,the process of certification and the testimony of the appraisers in the application of the appraisal opinions of the foreign civil litigation,and makes a contrast analysis to draw the inspiration for the application of the judicial appraisal opinion in the civil litigation.The fourth part is based on the above chapters,and puts forward specific measures to improve the application of forensic expertise in civil litigation.It is necessary to ensure the legitimate rights and interests of the parties in the starting procedure of judicial identification,and to establish a reasonable examination and regulation method for the appraisal and start up;to establish the rules of the judicial appraisal conforming to the characteristics of the judicial appraisal opinion,to improve the standard of the judicial appraisal and authentication,and to perfect the rules of the judicial appraiser's appearance.The appraiser can appear in court on demand,and also protect the legitimate rights and interests of the appraiser.