On the Substantive Realization of Appraisal Opinion Review——Taking Electronic Data Appraisal Opinion as an Example
The structure of"inspection materials+specialized knowledge+subjective judgment of forensic appraiser"does not decrease the difficulty of appraisal opinion review,but caused increased predicament of superposition instead.Take electronic data appraisal opinion as an example of empirical analysis,it can be found that the adoption rate of appraisal opinions is very high.There exist the problems of samples review replacing appraisal opinion review,supplemental appraisal or re-appraisal taking the place of the appraisal opinion review.At its root,the formation of the barriers is mainly caused by knowledge gap,and the lack of technical standards leading to the loss of review scale.In the substantive review of the appraisal opinion,it should be clear that appraisal opinion is not a conclusion,the objective neutrality of the appraisal still needs to be reviewed,and the appraisal opinion may be cross-examined.For the substantive content review,it should not only be reviewed that every appraiser is qualified,the appraisal commission is legal,the appraisal technology is reliable,but also the pre-trial appraisal opinion disclosure system should be added.We should also establish a sound system of testifying in court,improve the forensic technical assistance system and set up a specialized knowledge training system for judges.
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