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Research On The Judicial Identification Management Systems

Posted on:2007-09-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:D M FangFull Text:PDF
GTID:1116360242462363Subject:Technical Economics and Management
Abstract/Summary:PDF Full Text Request
Scientific, just and transparent expertise is the key to accurately assert the juristic fact, make the correct judgments and thus realize justice of judicature and social. Meanwhile, scientific, high-efficient judicial expertise management system is the prerequisite that could guarantee scientific, just and transparent expertise.In recent years, the drawback that the management system of judicial expertise of our country exists and the serious problem that the management system has exposed have already caused the extensive concerns of all classes of society. But the reform and development of judicial expertise system of our country seriously lag behind the reform and developing steps of the whole judicial system——even appeared the situation conflicting with justice and value of efficiency. So the system of judicial expertise needs badly being complete and the management system of judicial expertise demands the reform urgently.This thesis applies different methods such as, historical analysis combined with demonstration analyzes, qualitative analysis with quantitative analysis, as well as general analysis with cases expatiation. It regards the pursuit and development of judicial expertise concept as the clue, regards the development tendency of judicial expertise management system in some main countries whose contemporary law system belongs to the two fundamental ones as references, regards as the goal giving play to ruling by law and supporting the function of management system of judicial expertise. The main contents of the research: the mode selection of judicial expertise management system in China, the specific management system design of the judicial surveyor and its determination standards, the start-up of judicial expertise right and management system for the credit adoption of expert's conclusion, and management system for judicial appraisal organization and surveyor's responsibility. The present thesis focuses on the establishment of the start-up rights of judicial expertise in China. It presents detecting offices and censorates should be limited, and cancelled progressively, with the start-up rights of judicial expertise they share, as well as the system that detecting office and censorate should apply its start-up rights to the courts should be set up. Simultaneously, the functions and powers of a judge in the mode of judicial expertise start-up should be desalinized, equal application right should be given to the parties, the system of " technical adviser " should be introduced, and the judge should be restrained from starting judicial expertise by himself. In addition, the monopoly position of judge in determining the suitable judicial surveyor should be broken, commission of surveyor should be established by party's consulting or judge's appointment principle and single surveyor's system should be set up.Meanwhile, the thesis also emphasizes the management system for credit adoption of the expert's conclusion. The scientific standard for credit adoption of the expert's conclusion has been proposed. Its concrete contents includes: surveyor should receive corresponding professional training and acquire the professional knowledge for appraisal; scientific principles and technological methods that the expert's conclusion bases on are reliable and effective; the operation should be legal; the equipment is advanced and reliable; and the subject appraised is objective, reliable, and accorded with the requirements that determines.Furthermore, this article also pays great attention to legal liability system for surveyor and appraisal organization. This text proposes that China should set up the civil liability system of judicial expertise. If the judicial surveyor causes great economic losses to party's legitimate rights and interests due to their false judicial conclusion on purpose or their serious irresponsibility, he should bear corresponding civil liability. At the same time, in order to reduce the civil liability risk of the appraisal organization, this article proposes to establish the risk insured fund of national judicial expertise. Once the civil compensation case of judicial expertise takes place, all expenses or some expenses will be undertaken by this fund.With the systemized management system of judicial expertise as the basis, the present thesis at last proposes the legislation frame of the future judicial expertise law and the basic design for its management system in China. It intends to promote the process of the judicial system reform in China by the codification of the management system for justice expertise.
Keywords/Search Tags:Judicial Expertise, Management Systems, Judicial Appraisal Organization, Judicial Surveyor, Startup Right of Judicial Expertise, Credit Adoption of the Expert's, Conclusion, Appraise Civil Liability
PDF Full Text Request
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