On The Construction Of Judicial Appraisal Litigation Security System Based On Public Benefit Attribute

Judicial expertise is an important part of litigation activities,but also to meet the parties' demands for fairness and justice of the legal process,has been widely concerned about the community and attention.Judicial appraisal institutions include appraisal institutions of competent departments,colleges and universities,scientific research institutes and other social appraisal institutions.Different types of appraisal institutions have different operating mechanisms,and there are also differences in the entrustment and acceptance procedures of judicial appraisal and the public welfare attribute.However,the industry of judicial appraisal with semi-judicial nature should have legal law,scientific objectivity and neutrality,so as to meet the positioning requirements of public interest attribute.However,in recent years,the judicial appraisal industry has frequently appeared some illegal profit-seeking phenomenon,some appraisers and appraisal institutions disregard the impartiality and neutrality of judicial appraisal and the legitimate rights and interests of the parties,and only reap high economic benefits,which makes some judicial appraisal institutions have been criticized by the society.This caused everyone to the judicial appraisal attribute localization doubt and ponder.The author takes the essential attribute of the judicial appraisal industry as the foothold,and thinks it is appropriate to characterize the judicial appraisal as judicial activities with the attribute of public welfare.Then it analyzes the nature of all kinds of judicial appraisal institutions in detail,and finally puts forward the rational approach to establish a litigation protection system of judicial appraisal with public benefit attributes.In this regard,this paper follows the following ideas and discusses the establishment of a litigation protection system for judicial appraisal as follows:The first part: with the introduction of the "sky-high appraisal fee" event in sichuan province,it reveals some bottomless profit-seeking phenomena in the industry,and then leads to the positioning questions and thoughts on the basic attributes of the judicial appraisal industry.The second part: the analysis of the basic attributes of judicial expertise.Starting from educational world most recognized three attributes,namely law,scientific objectivity,neutrality,looking for essential connections,uncover the public property "veil",combined with the continental law system and Anglo-American law systemcountries judicial authentication institutions and the attributes of the public welfare considerations,then the judicial appraisal of public welfare attribute extraction for non-profit,non-market and regularity of science,deeply analyze the connotation of the public welfare.The third part: analysis of the current operation mechanism of judicial authentication institutions and whether have public property,the first from a perspective of the current judicial appraisal management system,overall consideration,again from a detailed analysis of all kinds of the judicial authentication institutions from the authority department appraisal institutions,colleges and universities,research institutes appraisal institutions and other social appraisal institutions are discussed.The fourth part: discusses the rational way to establish the judicial appraisal litigation protection system.Firstly,the general principle of establishing the litigation protection system of judicial appraisal is analyzed,and then the realization path is described from five aspects.