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The Practical Problems And Solutions Of Judicial Appraisal

Posted on:2020-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhengFull Text:PDF
GTID:2416330572484109Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the goal of "breaking the bottlenecks in execution" set,judicial appraisal has received increasing attention.Undoubtedly,judicial appraisal is the most basic and important way to determine the reference price of property disposal.Standardizing judicial appraisal is of great significance for solving the problem of realization.At present,the problem of overlap of authority in judicial appraisal industry is outstanding.Not only does it have the original administrative management system that five departments manage six major categories of appraisal,but also there is a management practice that some local judicial administrative departments illegally apply the registration management system to the appraisal professionals and appraisal agencies.The appraisal market has been divided artificially,and the barriers between the various industries are clustered.In addition,the legal and regulatory system of judicial appraisal is still not perfect,mainly manifests as the lack of common code of conduct,the unbalanced development of the legal system in each appraisal field,and the defects of the legal liability system.Fierce competition between government departments is the main reason for these problems,and it needs to be changed urgently.To this end,this paper proposes a solution,which is to implement the "communication and coordination mechanism and information sharing mechanism",then enact common code of conduct,and finally confirm a certain department to manage the assets appraisal industry,for promoting the administrative act of the judicial administrative department in accordance with the law and unifying the management of the assets appraisal industry.The final presentation of the results of judicial appraisal is the assets appraisal report.Researching on judicial appraisal should be based on the assets appraisal report and its application in court.The statistical results show that the current application of assets appraisal report in court is not very good,and the problem of incomplete cross-examination of the assets appraisal report,ignoring the procedural defects in the appraisal activity,and the absence of expert assessors are prominent.Treating the assets appraisal report with rationality,constructing the specific logic of reviewing assets appraisal report,clarifying the situation in which the appraisal procedure is seriously illegal,and perfecting the system of expert assessor are the methods to improve the judicial appraisal system.
Keywords/Search Tags:judicial appraisal, uniform management, registration system, procedure of appraisal, expert auxiliary system
PDF Full Text Request
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