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On Civil Appraiser System Reform and Improvement

Author: GuCunJie
Tutor: LiuJinHua
School: China University of Political Science
Course: Procedural Law
Keywords: Civil action Reform and Improvement Examiner Expert Assistant System content Basic theory Closely Two Schools Theoretical foundation Forms of evidence
CLC: D925.1
Type: Master's thesis
Year: 2006
Downloads: 165
Quote: 2
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Abstract


Expert evaluation is an important form of legal evidence in the civilaction, along with science technology developing continuously, appraisalby expert will play a more and more important role in the litigation. Thepresent condition of appraisal in our country caused the people’s blame,and experts of appraisal take the decisive function towards fairness andaccuracy of appraisal. Therefore, in the civil action, the reform ofexpert system will play a decisive role in reform of appraisal system.By study on domestic and international experts systems comparativelyand theoretical analyses of basic categories relevant to experts system,this article has proposed the imagination of reconstructing our country’ssystem of experts, in the hope of offering theoretical foundation andsystem for the reform and perfection of our experts system, thus,contributing meagerly to overcoming the confused situation of appraisalin our country and safeguarding the justice and authority of judiciary.Chapter 1: It is overview of expert system, which introduce toexpert’s concept, the law characteristic, some similar concepts ofexpert, and carry on the study towards the foundation theories of expertsystem. The domestic and international scholars lay particular emphasison the study to the contents and construction of the system rather thanthe basic theories generally, however, in my opinion, the theoriesfoundation of the system is an institutional root, only when thefoundation theories is clarified, we can understand the e system in depth,so I discuss the theories foundation of expert system -litigationmechanism and appraisal right (power) firstly.Chapter 2: In this part, I research on expert system in the countriesof both the common law and civil law system. Expert system mainly includessix aspects which are expert?ˉs litigation position, qualifications,selection, right, duty and responsibility. I analyze the advantages andweakness in two main legal systems, and pointed out the development trendsof expert system and hope that it will benefit the reform of expert system.Chapter 3: A research on the present condition of expert system inour country. It is divided into four parts, which introduce thelegislation, the ideal of design, the content in detail and the expertassistant which has a close link with expert system.Chapter 4: On the basis of research on current condition of expertsystem above, this chapter pointed out that the existent problems in ourcivil action, and put forward the reform and promotion suggestions. Thereform of expert system is a complex project, so this part is from thelawmaking form, the system design theories and concrete rules three partto give advice .Meanwhile, the expert assistant is a new device which isestablished in 2001 and contacts with the expert system closely, so inorder to improve it, I made some suggestion about it.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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