Problems And Solutions Of Civil Appraiser System In China

The purpose of this paper is to analyze the problems existing in the appraisersystem of civil procedure in China,and put forward corresponding countermeasures for different problems.In addition to the introduction,the text consists of four chapters:The introduction part gives a general description of the research background,value and significance,research methods,main innovations and shortcomings of this paper.Chapter Ⅰ,the outstanding problems of the appraiser system in civil litigation in our country,the main purpose is to give a general description of the appraiser system of civil litigation in China and its outstanding problems.The basic functions of the appraiser system in civil litigation in our country are mainly three points: first,to standardize the behavior related to appraisal in civil litigation;second,to solve the special problems in civil litigation and provide factual evidence;and third,to ensure the smooth progress of civil litigation.By discussing its basic functions,it reflects the importance of the system to our civil procedure,and also paves the way for discussing the outstanding problems of the system.After summarizing a large number of cases,it is found that the main problems existing in the appraisers of civil litigation in China are: the self-entrusted appraisal opinion is strictly limited,the rate of appraisers appearing in court is not high,and the cross-examination of appraisers is insufficient.This chapter briefly elaborates on three issues respectively,giving the following analysis and demonstration of "throwing bricks to attract jade".Chapter Ⅱ self-entrusted appraisal opinions are strictly restricted,mainly analyses the causes and Countermeasures of the problem that self-entrusted appraisal opinions are strictly restricted.Self-entrusted appraisal opinion is a special type of appraisal opinion in China,which is different from the appraisal opinion entrusted by our courts and the expert witness testimony of common law countries.Self-entrusted expert opinions have a special status in legal norms,but they are common in judicial practice.The reason why self-entrusted expert opinions are strictly restricted is that the background of China’s continental law system leads to the judges’ strong authority,preferring to make expert opinions through the court’s own entrusted expert opinions;secondly,the self-entrusted expert opinions originate from the parties,which determines their inherent weakness of proof;thirdly,China’s Civil Procedure Law and other relevant legislation.The position of the appraisal opinions entrusted by the bank is not clear,which makes the adoption of the appraisal opinions entrusted by the bank embarrassed.Finally,the management system of the appraisal institutions in our country is chaotic,which makes the judges dare not adopt the appraisal opinions entrusted by the bank.To solve the problem of using self-entrusted appraisal opinions,we can start from three aspects: giving legal status,clarifying the rule of proof force,introducing and drawing lessons from the relevant system to assist the construction of the system.Chapter Ⅲ the rate of expert appearances is not high,mainly analyses the causes of the low rate of expert appearances and the corresponding countermeasures.Appraiser’s cross-examination in court plays an important role in civil proceedings,but due to the low appearing rate of expert,it is difficult for expert to play a real role in court proceedings.The reason for the low rate of expert appearances lies in the imperfection of relevant laws and regulations.Secondly,there are different factors from the angle of judges and expert himself.After analyzing various factors affectingthe low rate of expert appearances,the countermeasures to solve the problem of low rate of expert appearances are as follows: clarifying the procedure rules of expert appearances;guaranteeing the implementation of expenditure for expert appearances;stipulating the diversification of ways for expert appearances to participate in litigation;strengthening the training of expert appearances to testify in court;and enhancing the status of expert appearances in court.The solution to the problem of expert appearances is a necessary condition for launching the cross-examination of expert appearances described below.Chapter Ⅳ the lack of cross-examination by appraisers,mainly analyses the causes of insufficient cross-examination of appraisers and the corresponding countermeasures.Cross-examination originates from the adversarial trial mode of Anglo-American law system.Cross-examination can not only make the process of appraisal of hostage more standardized,but also protect the parties’ right to cross-examine,and to a certain extent,prevent the arbitrariness of appraisal opinions in civil litigation.However,cross-examination is often inadequate in the process of cross-examination of appraisers in civil litigation in China.The reasons are not only the lack of legal provisions,the limitation of legal origin,the limitation of realistic factors and the controversy in academic circles.The countermeasures to solve the problem of insufficient cross-examination of appraisers can start with defining the specific rules of oath,main inquiry,counter-inquiry and two rounds of inquiry.