On The Standardization Of Forensic Appraisal Of Construction Projects

With the development of construction industry,a great number of construction project contract disputes occur.Forensic expertise is of great significance to the settlement of disputes,because of engineering cost,construction quality and Construction period dispute involve specialized knowledge in the field of engineering.However,there are still shortcomings for judicial authentication of construction projects in actual practice,which need to be normalized.This paper starts with the discussion of legal nature of judicial authentication,indicating that the judicial authentication is the evidence investigation activity and the part of the proceedings,and the judicial authentication of construction projects is different from general authentication such as physical evidence,audio and video materials and so on,it is closely connected with judicial jurisdiction.It adheres to the problem orientation,indicating that there are procedure problems with judicial authentication of construction projects including poor handling of starting conditions,improper distribution of evidential burden on authentication items,severely overdue authentication,and uncontrollably repeated authentication.In addition,there are also problems on authentication contents including inaccurate authentication basis determination and clearly unsuitable authentication scope and authentication method.Then it analyzes the causes,indicating that there are problems on supervision absence,judges,weakened commanding rights on lawsuits and deficiency in professional review mechanism and so on.For problems and causes,it indicates the macroscopic path on rules of judicial authentication of construction projects from aspects of perfecting management system and strengthening professional review mechanism,recommends the establishment of unified management system for administrative organization of justice and reinforcement of lawsuit managements of courts in management system,and suggests the configuration of expert jurors,improvement of consultation system,as well as full utilization of expert auxiliary system in professional review mechanism.Finally,it analyzes the normative measures proposed for concretization one by one aiming at the above-mentioned specific procedures and substantial problems.