关键词: 假鉴定, 错误鉴定, 要素评价, 规则构建

Abstract: Fraud appraisal has long been a key target for crackdown in the field of judicial appraisal. Relevant authorities have been actively improving the accountability system for it through legislation, aiming to enhance the quality and credibility of forensic science by strengthening the supervision of forensic appraisal practice. It is unequivocal that holding one accountable for a fraud appraisal must be predicated on its proper assessment. However, at present, the lack of scientific and objective rules for such assessment across regional functional departments has made the characterization of fraud appraisal and the subsequent imposition of liability challenging in judicial practice. Based on the characteristics of fraud appraisal assessment, including the authority of the assessing body, the independence of the process, the complexity of content, the limitation in form, the clarity of the outcome, and the quasi-finality of the conclusion, a tiered assessment framework is constructed from the perspectives of the subject, process, and outcome of the fraud appraisal, involving sequential evaluation of: (1) whether the appraisal opinion is erroneous; (2) whether the conduct violated forensic appraisal standards; and (3) whether the appraiser acted with subjective intent. This approach aims to address the current operational inefficiencies and ineffectiveness of the assessment mechanism, thereby ensuring the functional role of the accountability system for fraud appraisal.

Key words: fraud appraisal, erroneous appraisal, element evaluation, rule construction