Research On The Appearance Of Appraisers In Cour

The appraiser belongs to the category of generalized witnesses in terms of academics.Therefore,the testimony in court should apply the general provisions on witnesses' testimony in court,but on the other hand,due to the professionalism and scientific nature of the appraisal opinions and the special role orientation and legal status of the appraisers,Different from ordinary witnesses in court.At the level of procedural law,China has always lacked relevant legal provisions to restrict the appearance of appraisers.In accordance with the principle of direct speech,it is an obligation for appraisers to testify in court,and it is a due process and necessary way to cross-examine appraisal opinions.In judicial practice,if the appraiser is unable to appear in court for special reasons,it must be approved by the people's court before it can reply to the party's question in writing.The amendment of the Civil Procedure Law of 2012 clearly stipulates that "when the parties have any objection to the appraisal opinion or the people's court thinks that the appraiser is necessary to appear in court,the appraiser shall appear in court to testify.If the appraisers refuse to appear in court to give evidence,the appraisal opinion shall not As the basis for determining the facts;the party paying the appraisal fee may request the return of the appraisal fee." This is the first detailed and clear stipulation of the appraisal system of the appraisers and the consequences of not appearing in court.There have also been relevant regulations scattered in the "Civil Proclamation of Evidence" and related administrative regulations concerning judicial appraisal,but it should be noted that the Civil Procedure Law only adopts such superficial regulations and cannot fully construct a complete appraisal person to appear in court.Institutions,related procedural details still need to be clarified and studied.How to establish a perfect appraisal system for appraisers is of great help to save judicial costs and establish the authority of judicial appraisal.After a brief review of the relevant concepts and institutional evolution of the appraiser's appearance in court,it is necessary for the appraiser to appear in court,regardless of jurisprudence,procedure or reality.The author uses the empirical research method of case analysis to analyze the current situation of the current appraisers' appearance in China.It is found that the current legal status of the appraisers in China's appraisers is unclear,and the appraisers appear in court to testify in the form of specific issues,it is caused by the vague role of the appiaiser and the imperfect guarantee mechanism.Through the theoretical analysis of the system basis and the dilemma faced by the appraisers in China,the author tries to summarize and structure the perfect path of the appraisers' court appearance system,including the appraisers.Relevant opinions were put forward in the specific procedures and safeguard mechanisms of the court.In order to contribute to the appraisers' court appearance system.