|
|
Introspection and Reconstruction of Self-commissioned Appraisal Opinion
QIAO Fang’e
Chinese Journal of Forensic Sciences
2024, 0 (1):
82-90.
DOI: 10.3969/j.issn.1671-2072.2024.01.012
Although self-commissioned appraisal widely exists in our country, the current legislation does not clearly indicate its nature, the definition of “quasi private document certificate” in cross-examination rules reserves the room for academic discussion. In the theoretical circle, there are opposing views on the nature of the opinion issued by a self-commissioned appraiser: is it factual statement or statutory evidence, where the latter has the different views as expert opinion, witness testimony and documentary evidence. In practice, there are some errors in handling the problem of self-entrusted appraisal, such as simplification of judgment view, avoidance of making clear its nature, misinterpretation of provisions and abuse of burden of proof. Based on the re-thinking and examination of theoretical differences and errors in judgment, this paper argues that self-commissioned appraisal has the dual attributes of fact assertion and evidence, and the latter is more significant. Furthermore, it is argued that opinions issued by self-commissioned appraisal should not be regarded as statutory appraisal opinions in principle, but can be converted by exception upon the consent of the parties. In the absence of consent from the parties, it may be permitted to use similar appraisal opinions for cross-examination certification. At the same time, in order to effectively avoid errors in judgment, regulations regarding burden of proof, conditions for application of appraisal, the adoption of written opinions and other issues relating to self-entrusted appraisal should be comprehensively improved, so as to better understand and apply Article 41 of the 2019 revised Several Provisions of the Supreme People's Court on Evidence in Civil Litigation on the basis of systematic interpretation.
Reference |
Related Articles |
Metrics |
Comments（0）
|
|
