Research On The Protection Of Judicial Appraisal Rights Of Litigants

With the development of the economy and the advancement of society,the special issues involved in civil litigation are also increasing.However,in the context of the gradual absorption of the litigant-led litigation model by the civil litigation model,the process of proof of special issues for litigants are still not easy to achieve.The design of the certification activity structure of “who advocates,who gives evidence” and the litigation process of equal litigation parties means that to solve various specialized problems,the litigants need to give full play to the judicial litigation-related rights to support their own claims.However,the current legislation has a greater restriction on the rights of civil litigants to exercise judicial appraisal rights,and the litigants' behavior in the litigation process is quite small.Therefore,such a contradictory dilemma needs to be alleviated.It is necessary to analyze the actual situation of the dilemma,find out the background reasons for its occurrence,and put forward some reform proposals.This article is divided into three parts:The first part discusses the importance of the basic questions of the research object,and summarizes the importance of ensuring the judicial appraisal rights of the litigants.This explains the purpose and significance of the research,and analyzes the status quo and countermeasures for the following.It is recommended to lay the groundwork.The second part analyzes the current status of the judicial appraisal rights enjoyed by litigants in the current civil litigation activities,from the initiation,application,entrustment,cross-examination and relief of the judicial appraisal process,and analyzes the progress and deficiency and its causes.The third part is the focus of this paper,and explores how to realize the full guarantee of the judicial appraisal rights of litigants.Mainly from the following five aspects: 1.Improve the pre-trial and identification-related security system,should ensure the litigation before the prosecution for the collection of prosecution evidence,regulate the case acceptance procedures of judicial appraisal institutions;should also make sure that the pre-trial judicial appraisal system that has been piloted by the court has been fully implemented,which not only improves the efficiency of litigation,but also ensures that the litigants actively use the judicial appraisal rights to realize their appeals.2.Regulate the judgment activities of the court in reviewing the appraisal applications of the litigants and strengthen the judge'sresponsibility in the judicial appraisal entrustment.3.Accelerate the establishment of a judicial identification information sharing network platform,and build a comprehensive information system covering the business focus of the judicial appraisal organization,business strengths,academic and scientific research results of the judicial appraisers,the industry's strength classification and grading of the organization,and statistically identify the industry's capabilities and strength distribution.The situation,the establishment of technical capabilities and overall strength evaluation mechanism to ensure that the litigants under the auspices of the court scientifically and effectively exercise the right to choose the judicial appraisal agency.4.To construct a trinity identification subject pattern(judicial appraiser,expert assistant,judicial appraisal technical judge),improve the cross-examination of judicial appraisal opinions,and guarantee the litigant's right to cross-examination.5.Fully guarantee the right of judicial appraisal relief of litigants,the three main roles of the court,the appraisal management department and the appraisal subject should take the initiative to take responsibility and actively communicate with the litigants to resolve the appraisal query,dispute and debate.