Research On Judicial Review Of Engineering Identification

The application of engineering appraisal in civil litigation in my country is more and more extensive,and the review of engineering appraisal opinions has become a part of the court that needs to pay special attention when hearing construction project disputes.Because of the particularity of the appraisal process,the engineering appraisal opinions often require judges to have Deep engineering expertise and background are required to effectively review its science.Engineering appraisal opinion is an important part of civil appraisal opinion,and scientific and effective review is also a requirement for judges to perform trial duties.The data obtained through empirical analysis found that the number of judges who initiated the project appraisal ex officio during the judicial review process of the project appraisal was small,the reasons for the judge to reject the project appraisal application were various,the cross-examination of the project appraisal materials was too small,the appraiser’s appearance rate was low,and the review and certification The reasoning space is short,there are contradictions in the review and certification of judges,and the number of self-entrusted appraisals is large.This shows that there are a series of problems in the judicial review of engineering appraisal opinions.Therefore,it is necessary to solve it in a targeted manner through various ways.In establishing the review standards for the initiation of engineering appraisal,clarify the standards that should be agreed and should not be agreed,and the appraiser should intervene in advance to determine whether the absence of the appraisal materials is identifiable;in strengthening the cross-examination of the appraisal materials,the cross-examination and appraisal materials should be The "three natures" of the law should be used as the cross-examination rules;in order to improve the effectiveness of the cross-examination,the participation of the appraisers in the cross-examination process should be strengthened,and the appearance rate of the appraisers should be increased;in order to improve the judge’s review ability,on the one hand,the judge’s opinion on the project appraisal should be clarified On the other hand,judges are required to be logical and fully worded in the reasoning part of the review and certification.In addition,the role of experts in assisting judicial review should be strengthened,a list of engineering appraisal experts should be set up with reference to expert jurors or specially invited consultants,and industry experts should be introduced to participate in the trial of engineering cases;according to the People’s Republic of China Article27 of the Court Organization Law stipulates that it is recommended to try to establish a special trial court for construction project disputes.These are all effective ways to help improve judges’ review capabilities.