Study On Judicial Application Of Civil Private Appraisal The Title Of The Thesis

The civil private appraisal is the opinion that one party entrusts the relevant organization or person to issue with respect to the specialized problem.It has been widely used in judicial practice,which has positive significance for verifying the facts of the case,giving full play to the initiative of the parties and improving the efficiency of litigation.However,civil private appraisal is controversial in judicial application because of its ambiguous evidence attribute.In theory and practice,there are four controversial views on its evidence attribute,which are: expert opinion,documentary evidence,witness testimony and parties’ statement.As a result,the operation of civil private appraisal in the process of initiation,cross-examination and certification is blocked,operability is reduced,and the value of promoting the litigation process cannot be played.Therefore,it is necessary to clarify the attribution of the evidence of civil private appraisal,which should be included in the most suitable legal evidence appraisal opinion.The difference of client is not the reason to treat the civil private appraisal differently.We should pay attention to whether the technology and method of appraisal basis are scientific and reasonable,whether the appraisal procedure is legal and fair,and whether the appraisal process is real and transparent.It realizes its evidential value by improving procedural rules,such as standardizing the initiation of civil private appraisal,strengthening the substantive examination of civil private appraisal,and promoting the full cross-examination of civil private appraisal.In addition,in order to protect the impartiality and neutrality of civil private appraisal,it is necessary to restrain the appraisal behavior of appraisers and strengthen their professional responsibility.This paper firstly analyzes the suitability of the four controversial views and the civil private appraisal,and then sorts out the existing problems in the process of initiation,cross-examination and authentication: the initiation materials of appraisal are not cross-examined,the cross-examination rules of private documents can not achieve the purpose of cross-examination,and the efficiency of private appraisers in court is not high;Then try to find the rules suitable for civil private identification to improve it: It is the best way to bring civil private appraisal into legal evidence appraisal opinion to play its value.After clarifying its evidence attribute,it can achieve the effect of standardized operation of civil private appraisal system by strengthening substantive review,using the list of questions and cross-inquiry rules,restricting the behavior of civil private appraisal,and paying attention to the connection of expert assistant system.So as to enhance the credibility of civil private appraisal and protect the litigious rights of the parties.