Study On The Selection System Of Judicial Appraisers

Judicial appraiser is the subject of judicial appraisal activities,and the selection of judicial appraiser greatly affects the objective authenticity of judicial appraisal results.The unreasonable selection of judicial appraisers produces several problems.First,it has an impact on the objective authenticity of the appraisal results.In the selection process of judicial appraisers,if the judicial appraisers are required to withdraw in accordance with the provisions of the litigation law,the objective authenticity of the appraisal results is not guaranteed.Second,it is easy to infringe the legal rights of the litigant.If the litigant parties cannot equally enjoy the right to choose judicial experts,it is bound to cause the litigation advantages of one party to the other,thus affecting the fairness and justice of the judiciary.Thirdly,it is not conducive to the development of the judicial identification industry.The unreasonable selection of judicial experts will lead to unfair treatment of the appraisers with high technical ability and adversely affect the overall development of the judicial appraisers.Therefore,it is of great significance not only to the perfection and healthy development of the judicial appraisal system,but also to the realization of the value pursuit of judicial justice.The selection of judicial experts can be discussed from three aspects.It is the main body of judicial appraiser selected,namely by what organization or individual to choose the judicial appraiser,these have the right to choose the judicial appraiser of subjects including the people's court,the litigant and the public security organ or state security organs investigation department,such as the determination of selected subjects for balance between litigants litigation rights,realize the core value of judicial fairness and justice has important significance.However,at present,there are still many problems in the subject of judicial appraiser selection in China,which need to be improved and perfected.Second,the objects selected by judicial experts,that is,which organizations,institutions or individuals can be selected for identification.Not all organizations,institutions or individuals can conduct judicial identification.Third,the way of judicial appraiser selection,that is,how to select the subject and object of the selection and the way to select the selection.Our existing laws in accordance with the rules of judicial appraiser selected program is first by the elective subject(that is,the judicial authentication client or designated person),choose the judicial authentication institutions by the judicial authentication institution of subject choiceagain to determine the activities of the surveyor verification,but the selection process has many problems,needs to improve and perfect,should first appraiser selected by the selection of subject,again by the judicial appraiser to determine the judicial authentication institutions.With the continuous development and perfection of China's legal system,rich laws and regulations have been formulated in terms of the judicial identification management system.However,these laws and regulations are too general and only stipulate principles,not comprehensive and specific.At the same time,there are many problems in China's judicial appraiser selection system at present.The problem of the selected object,that is,the appraisal agency and appraiser do not have the relevant qualification and the poor management;Selection method,that is to identify the institutions and experts in the designated or entrusted,the selection procedures are problematic.The establishment of the judicial appraiser selection system,which gives consideration to both fairness and efficiency and conforms to the modern litigation concept,can be constructed from three aspects.Second,we should strengthen the management of the objects selected for judicial appraisal,including improving the management system of judicial appraisal institutions,establishing a strict system for obtaining judicial appraisal qualifications,and strengthening the construction of personnel for judicial appraisal.Third is the establishment of the first appointed person after the election of the election model,first by the litigant or judicial appraisal client from the judicial expert roster to choose the judicial expert,and then by the expert in the identification agency to determine the identification agency.