Study On The Issue Of Judicial Appraiser Under The New Civil Evidence Regulation

Civil action is to discover the legal facts of the case through due process and to realize the relief of the rights of the parties.As one of the important means to discover the facts of a case,forensic expertise plays an increasingly important role in civil litigation.It can not only promote the discovery of the facts of a case.It also plays an important role in the legality of the litigation procedure and the modernization of the litigation system.Judicial experts refer to those who use science and technology or professional knowledge to appraise and judge the special issues involved in litigation and give expert opinions.With the reform of China’s litigation system,especially the change of the way of trial,the original judicial appraisal system is not coordinated with the reform of the litigation system,and repeated appraisal,false appraisal and other problems are exposed.Therefore,how to prevent the wrong and unscientific appraisal opinions from entering the trial and affecting the judicial justice has become the core issue of the relevant system reform of judicial appraisers in China.With the formation of modern litigation mode and litigation concept,especially the legalization of the principle of direct speech and the right of cross-examination procedure,litigation legislation has gradually transformed the expert from the assistant of the judge to the evidence method.But as a result of the development of modern science and technology and the complexity of the case fact,more and more involved in the case,the expert status and the legislative provisions appear gap,the expert investigation method has given rise to the surveyor as a court and the parties concerned evidence method both of this view,also explains the current lawsuit pattern and combination trend of authority lawsuit pattern.The new Civil Evidence Regulation issued by the Supreme People’s Court is of great significance to improve the evidence system of our country.Among them,the important part of evidence system of expert opinion,make a lot of modification and improvement,focus on regulating the judicial authentication startup,acceptance,expert witnesses integrity commitment,expert witnesses of the rights and responsibility,emphasize the double attribute of the appraiser,the judicial authentication in many of the civil lawsuit in the dilemma.However,many provisions also have an impact on the current judicial identification system,so we must clarify the changes before and after the modification of relevant systems,correctly understand and apply the new law,and ensure the effective operation of the judicial identification system.This paper puts forward the following points:firstly,it clarifies the "dual attributes" of forensic examiner in China,and analyzes the adjustment of forensic examiner’s evidence method and court investigation method respectively in the new law;Secondly,the new law improves the substantive participation of the judge in the starting procedure of judicial authentication,emphasizing the attribute of the evidence method of the appraiser,but it is necessary to define the scope of the judge to start the judicial authentication case according to his power,improve the relief of the parties’ right of judicial authentication and limit the reappraisal.Again,a new system of expert witnesses solemnly stated commitment as evidence method attributes highlighted the appraiser "neutrality",improve the system of solemnly stated commitment to relevant legislation,strict appraisal opinions of recoverable letter,the management of the appraiser and strengthening the judicial authentication institutions set up big data judicial identification of credit system,to ensure the system to implement;Finally,make clear the responsibility of the appraiser.Under the new law,we should ensure the effective operation of the expert responsibility system,improve the evaluation mechanism of the expert,strengthen the protection of the rights of the expert.We should clarify the relationship between the expert and other subjects.