| As one of the types of legal evidence in China,expert opinion plays an increasingly important role in litigation.Because of its scientific and professional characteristics,it is also known as scientific evidence,and even has a decisive impact on judicial activities.To ensure the smooth proceeding of litigation activities,the party and the state attach great importance to standardizing the administration of judicial expertise: On February 28,2005,the 14 th session of the standing committee of the tenth National People's Congress adopted the decision on the administration of judicial expertise.On October 23,2014,the fourth plenary session of the 18 th central committee of the communist party of China(CPC)adopted the decision of the CPC central committee on several major issues concerning comprehensively promoting the rule of law,establishing the direction of deepening the reform of "improving the unified judicial appraisal management system".On May 1,2016,the revised general rules on judicial expertise procedures came into effect.On July 20,2016,the opinions of the supreme people's court,the supreme people's procuratorate,the ministry of public security,the ministry of state security and the ministry of justice on promoting the reform of the trial-centered formal litigation system proposed to "improve the standards for cross-examination of witnesses and expert witnesses in court.We will ensure that witnesses,expert witnesses and investigators testify in court and increase the rate of testifying in court." On October 14,2016,the supreme people's court and the ministry of justice jointly issued the opinions on improving the bridging mechanism for the administration and use of judicial expertise.In November 2016,the ministry of justice issued seven document formats,including the power of attorney for judicial expertise.On September 19,2017,the 37 th meeting of the central leading group for comprehensively deepening reform adopted the implementation opinions on improving the unified judicial expertise management system.On December 28,2018,the national market supervision and management of the administration and the national standardization management committee released 17 th national standards bulletin,2018,led by the judicial authentication institution developed by "general specification of the file appraisal","technical specification for handwriting identification and appraisal technical specification of the stamp seals,etc.11 standard approved,as a national standard,and on April 1,2019.Based on the above the provisions of the reform of the judicial identification system and the basic spirit of the judicial reform,as well as the judicial authentication of revision and improvement of the technical specification standards,combined with empirical research found in handwriting identification opinion expression,the appraisal opinions of cross-examination,and other issues more prominent in the judicial practice,to be solved urgently,puts forward the opinions of the handwriting identification expression and examination standards related Suggestions,for the implementation of the "perfect unified judicial appraisal management system of the implementation opinions",promote the reform of trial centered lawsuit system and standardization of judicial authentication,in the lawsuit practice to better play to the role of the judicial authentication,provide practical and theoretical reference.This paper is divided into five chapters,about 220,000 words,the specific contents are as follows:Chapter 1,overview of handwriting identification opinions.To study the expression and review standards of handwriting identification opinions,the premise is to clarify the basic attributes of handwriting identification opinions as the most evidence.Only after a clear definition and interpretation of handwriting identification opinions can we have a more comprehensive understanding and understanding.First,the conceptual interpretation of handwriting identification.Handwriting identification opinion belongs to a category of judicial identification opinion and is one of the types of legal evidence in China.The handwriting appraisal opinion comes from the judicial appraisal activity and is applied to the litigation activities.Therefore,the understanding of the concept of handwriting identification opinion should be grasped from the perspectives of identification science,litigation law and management system.Second,the historical development of handwriting identification.The development of handwriting identification in China has a long history,which can be divided into three stages: the germination and origin of ancient times,the change and evolution of modern times,and the progress and prosperity of modern times.Third,the scientific basis of handwriting identification.In practice,there are still doubts about whether the theory of handwriting identification is scientific,which are mainly reflected in the doubt of subjective empirical judgment and the confusion of uncertain identification opinions.From writing skills and writing habits,writing habits and handwriting characteristics,experience judgment and quantitative analysis of the three aspects of cognition for the opinions of handwriting identification were discussed,and then from the opinions of handwriting identification is generated,the essence of the handwriting expert opinion,the opinions of handwriting identification cross-examination three aspects to rational grasp of handwriting identification opinions,enrich the opinions of handwriting identification science basic theory.Finally,the evidence of handwriting identification opinion applies.Sort out the provisions on admissibility and relevance in Anglo-American law system countries,the provisions on certifying power and evidentiary power in continental law system countries,as well as the relevant provisions on certifying power and evidential power in China's law,and study the conditions under which handwriting identification opinion can be converted into evidence for making a case.Based on the analysis of the status quo of the evidence ability of handwriting identification and the influence factors of the evidence ability of handwriting identification,we should improve the rules of the evidence ability of handwriting identification and the review mechanism of handwriting identification.Chapter two,the basic theory of the standard of handwriting identification opinion.Standardization is the inevitable direction of the development of handwriting identification and forensic identification in China,and it is also the premise and foundation to guarantee the quality of forensic identification and improve the evidence review of forensic identification.This chapter expounds the standard of handwriting identification opinion from four aspects.First,an introduction to the standard of handwriting identification.Integrating the viewpoints of various parties,the concept and definition of forensic identification standard,handwriting identification standard and handwriting identification opinion standard are discussed in detail.From the perspectives of standards,laws and regulations,and science and technology,this paper discusses the basic attributes of the standards of handwriting identification,such as their scientific nature and legality,unity and timeliness,clarity and fuzziness.Second,the standard classification of handwriting identification opinion.The standard of handwriting identification includes four parts: the procedure standard of handwriting identification,the technical standard of handwriting identification,the expression standard of handwriting identification and the examination standard of handwriting identification.The procedure standard of handwriting identification opinion can be divided into the procedure standard of case acceptance,the procedure standard of case identification and the procedure standard of case filing.The technical standard of handwriting identification opinion can be divided into the technical standard of forming mode,the technical standard of identification condition,the technical standard of comparative inspection and the technical standard of comprehensive evaluation.The expression standard of handwriting identification opinion can be divided into basic condition expression standard,identification process expression standard,identification opinion expression standard and comparison table production standard.The examination standard of handwriting identification opinion can be divided into the cross-examination standard,the authentication standard and the dispute resolution standard.Third,the establishment of handwriting identification opinion standard basis.This paper mainly studies the relationship between handwriting identification opinion standard and litigation certification activities,the relationship between handwriting identification opinion standard and judicial identification system,the relationship between handwriting identification opinion standard and handwriting identification technology,the relationship between handwriting identification opinion standard and handwriting identification quality control.Finally,the implementation of the standard of handwriting identification opinion is guaranteed.It is suggested that there should be a unified organization and leadership,a professional drafting group,and a dynamic correction mode should be adopted to adapt to the cultural background of The Times.Chapter three is an empirical study on the expression and examination of handwriting identification opinions.This chapter contains four empirical research projects.The objects of empirical research are successively the presentation and existing problems of handwriting identification opinions,the evidence application of handwriting identification opinions,the practice of handwriting identification standards and reform Suggestions.Firstly,an empirical study on the specification of handwriting identification documents.To 10,130 two years of judicial authentication institutions in China(2017-2018),the handwriting identification of opinion as the research sample,on the handwriting identification opinions are more common "heavy conclusion,light procedure",the analysis shows that the template,the comparison table identifier is not standard,uncertain appraisal Suggestions such as increasing,summarized the typical problems and cause analysis,these problems lead to negative consequences,from the unity and improve the handwriting identification expression standards,strengthen the handwriting identification study liberal arts expression,Grasp the description of handwriting identification brief and detailed,fuzziness and accuracy,commonness and individuality of the oppositional unity of the written opinion to make and description to perfect.Second,the empirical study on the application of handwriting identification opinion evidence.Based on the research on large data analysis method,in Shanghai in 2018 involving the handwriting identification carried out a statistical analysis on 408 copies of the written judgment,number and type of statistical variables include the written judgment,apply for identification purposes,judicial hierarchy,court level and unit,appraisal institution,handwriting identification project,the results of the handwriting expert opinion,whether or not to identify,inter alia,the court case,the case is more of the components,a more comprehensive shows the application of the handwriting expert opinion evidence in the case of litigation,On this basis,the paper discusses some typical problems in practice,such as the expression of judgment documents,the starting procedure of appraisal,the expert appearing in court,the expression of handwriting appraisal opinion,the authentication and acceptance of appraisal opinion,and puts forward some Suggestions for reform and optimization.Third,the current situation of practice cognition of handwriting identification standard.Using the "handwriting identification technique standard practice cognition questionnaire",99 document appraisers from 8 judicial identification institutions in China were investigated.The results of the survey found that the expert fully recognized the important norms and guiding significance of the technical specification of handwriting identification to the handwriting identification work,but there was still a big dispute over the types and grades of identification opinions,the judgment basis of identification opinions was not clear enough,and there was a great demand for further training and education.It is suggested that the application of "technical specification of handwriting identification" should be implemented by formulating "technical specification of handwriting identification" to explain and explain the technical difficulties.The relevant departments should speed up the work of guiding,applying and training the technical standards for experts and case handling personnel,further expand the influence of the technical standards,and give full play to the functions and roles of the technical standards.Finally,the research and analysis of the practice and reform of handwriting identification standard.It adopts the methods of visiting and investigation,telephone interview,We Chat research and commissioned research.The survey outline designed 35 questions for judges,expert witnesses,judicial administrators and lawyers,mainly focusing on understanding judges,expert witnesses,judicial administrators,lawyers on the existing judicial expertise related laws and regulations,judicial expertise standards,handwriting identification standards subjective evaluation and optimize the mainstream attitude of reform.It provides practical basis and reference for the research and improvement of handwriting identification opinion expression and examination standard in China.The fourth chapter,the research on the expression standard of handwriting appraisal opinion.Handwriting identification opinions based on the practice in production and main problems of words,based on the current "technical specification for handwriting identification,combining with the surveyor to carry out the appraisal work,handwriting identification of the specific conditions of the documents," judicial authentication "as the main research object,according to the basic situation,inspection process and analysis,expert opinion three main parts,put forward the basic conditions of handwriting identification expression standards,handwriting identification test in the process of expression,expression of handwriting identification results of standard research and related Suggestions.First of all,China's current handwriting identification technical specifications.Will be implemented on April 1,2019 of " general specification of the file appraisal "," technical specification for handwriting identification and so on national standard respectively with the justice department has abolished the appraisal general specification of instrument,the handwriting identification standard registration administration and the ministry of public security,at the same time to develop and use the appraisal standard of public security industry comparative analysis.Second,the research on the expression standard of the basic situation of handwriting identification.The standards for the presentation of brief of case,the standards for the presentation of appraisal materials,the standards for the presentation of entrustment requirements,the relevant provisions of the study,and put forward specific Suggestions for the presentation of standards.Thirdly,the research on the expression standard of handwriting identification and inspection process.The specification of material inspection,the specification of sample inspection,the specification of comparison inspection,the specification of comprehensive evaluation and the specification of comparison table are studied,and specific specification Suggestions are put forward.Finally,a study on the representation criteria of handwriting identification results.By referring to the types of handwriting identification results in the United States,the Netherlands and other countries,this paper compares and analyzes the classification of handwriting identification results by national standards and public security industry standards,as well as the differences and relations.Combination of judgment for the opinions of different types of appraisal in our country,in view of the existing technical standards of subjective evaluation classification,the boundaries between level are vague,lack of quantitative basis and objective evaluation criterion,is put forward on the types of evaluation judgment according to the provisions of the response to the surveyor for the selection of evaluation to a certain limit.On the basis of the expression standard of the current technical specification,this paper studies to further improve the expression standard of the technical specification,and probes into the new problems in practice.The fifth chapter is the research on the examination standard of handwriting appraisal.At present,in academic research and judicial practice,the examination of the evidence of expert opinion mainly focuses on the legal and procedural aspects,and there are no specific research results and legislative provisions for the substantive examination of expert opinion,which leads to the judge's inability in the examination of expert opinion.This chapter,from the technical standards,technical principles,technical steps,technical methods and other aspects of handwriting identification,focus on the substantive review of handwriting identification opinions.First,the research on the cross-examination standard of handwriting appraisal opinion.Based on the basic theory of handwriting appraisal opinion cross-examination,combined with the present situation and predicament of handwriting appraisal opinion cross-examination,the author puts forward the key points of cross-examination from the "basic situation" part,"appraisal process and analysis explanation" part,"appraisal opinion and notes" part.Secondly,the research on the authentication standard of handwriting identification.Based on the basic theory of handwriting authentication,combined with the litigation needs and system defects of handwriting authentication,this paper puts forward some Suggestions on how to improve and refine the authentication standards of handwriting authentication from the following aspects: non-acceptance of authentication opinions,restricted acceptance(conditional acceptance)and reduced proof.Third,the handwriting appraisal opinion of the expert assistant system research.Based on expert auxiliary system in our country only has a prototype and plasticity,combined with the typical problems that exist in the previous research results and the practice,this paper puts forward the ideas of constructing public attributes expert auxiliary system,implementing the management of judicial authentication industry association is given priority to,relies on court supervision of management mode,in order to further promote expert auxiliary system reform and perfect.Fourth,research on the resolution mechanism of handwriting identification.There are many factors that cause the conflicting handwriting identification opinions,which can be summarized as starting procedures,identification materials,technical standards,re-identification and other reasons.Our country should construct the prevention mechanism and selection mechanism of conflict appraisal opinion as soon as possible,constantly improve the management system of judicial appraisal,and give better play to the function and value of judicial appraisal serving litigation. |
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