Non-deterministic Appraisal Opinions Research On The Examination And Application Of Evidence Under The Jurisdiction Of The Trial Center

This article intends to analyze the value of evidence in litigation in the context of the judicial reform centered on "trial-oriented" judicial issues,and to define the concept and type of uncertain appraisal opinions.Analyzing the research status of theory and practice,and trying to put forward ideas on how to make better use of the evidence effectiveness of uncertain appraisal opinions in judicial practice,which in order to strengthen the review of uncertain appraisal opinions and improve the uncertainty appraisal.The importance of the evidence’s value of opinion makes the evidence of uncertainty appraisal better serve the trial.This article mainly includes the following four parts.The first part discusses the necessity and rationality of making non-deterministic appraisal opinions as evidence review and application research.Firstly,it discusses the litigation value of non-deterministic appraisal opinions,and intends to indicate the necessity and rationality of the research on non-deterministic appraisal questions used as evidence,which is the basis of writing this article.The litigation value includes a specific level of non-deterministic appraisal opinions as one of the types of appraisal opinions to assist in the judgment of facts,to review other evidence in the case,strengthen the proving power of other evidence in the case,and litigation that balances the relationship between legal facts and objective facts value,in addition,that also includes the litigation value of maintaining the neutral value,judicial fair value,and judicial economic value at the macro level.Secondly,the concept of non-deterministic appraisal opinions is defined and the reasons for its formation are analyzed.This is intended to show that the existence of non-deterministic appraisal opinions is justified and reasonable,so it is necessary to face up to the evidence effectiveness of non-deterministic appraisal opinions.Thirdly,it also pave the way for the review and correct use of non-deterministic appraisal opinions in the following: Since the formation of nondeterministic appraisal opinions is affected by factors such as appraisal methods,appraisal standards and specifications,time constraints,subject qualifications and cognitive levels,Then the relevant factors need to be paid attention to in the review,and they should also be considered from these perspectives when the evidence is properly applied.Finally,the change of the concept of appraisal evidence,the recognition of laws,and the existence of standardscan be used to explain that the non-deterministic appraisal opinion in the existing judicial environment already has the realistic conditions for evidence.The second part discusses the dilemma and reasons for the review and use of non-deterministic appraisal opinion evidence in judicial practice,further explains the necessity of studying this issue,and provides a review and evaluation system for the construction of non-deterministic appraisal opinion evidence.Ideas.Based on the theoretical analysis and cases analysis of other scholars,it is concluded that at this stage,non-deterministic appraisal opinions are facing difficulties such as difficulty in certification review,optimistic adoption,unclear process of adoption,and insufficient relief and safeguard procedures.Then from the perspective of evidence review,considering the reasons for the above dilemma from the perspective of the scientific,objectivity,relevance,and legality of the evidence.In the third part,in view of the review dilemma existed in the non-deterministic appraisal opinions in the second part,starting from the problem,the focus is to explore the review methods and review ideas of non-deterministic appraisal evidence or similar evidence outside the territory,and to seek a breakthrough in the review dilemma.The fourth part,this part is the foothold of this article,discusses how to make better use of the evidence value of non-deterministic appraisal opinions.Keeping in mind the needs and requirements for the review of non-deterministic appraisal evidence from the perspective of the trial center,combining the questions in Part III and the review methods and perspectives of similar types of evidence borrowed from outside the domain in Part IV,through awareness,system,Procedures and rules at all levels comprehensively build an evaluation system of non-deterministic appraisal evidence.The author proposes to realize the value of non-deterministic appraisal opinions to serve the trial through comprehensive functions such as strengthening the judges’ awareness of evidence review,improving the system of appraisal opinion review,improving supporting relief and supervision mechanisms,and formulating scientific review methods.