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Investigation Of A Certain Number Of Issues In Institution Reform Of China Administer Justice Identification

Posted on:2004-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:J LiangFull Text:PDF
GTID:2156360095953046Subject:Procedural Law
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In modern judicature testimonial activities, administer justice identification is an important way and means in ascertaining facts in cases, furthermore, it plays an increasingly significant part in trail with the development and progress of scientific technology. At present, despite our administer justice identification has a great development , these still exist many problems in identification system, setting up identification organization and identification procedures which mainly display in lacking management of standardization and legal system; administer justice organization's repetition and chaos in setting up, identification departments built internally by the court, procuratorial organ and public security organs cause some awkward situation like "the people who investigate the cases identify them". Moreover, in litigation practices, the situations of multiple and repetitive identification are nothing new and always cause several completely different identification conclusion to the one facts.These problems not only result in extraordinary decentralization and waste of administer justice resources, but also influence the implement and realization of neutral and independent notions greatly, ravage identification's scientific nature and legal nature, further destroy the justice in judicature. Therefore, many persons with breadth of vision in theory and practice circles felt heavyhearted, putting forward positive conception and suggestion in succession to reform and perfect our administerjustice identification institution and promote the construction of rules by law. The own purpose of the author to write this article is to try to put forward some constructive suggestion towards the related issues of our administer justice identification reform with the superficial science of law and practice summary.This article will take an earthy administer justice identification case as the introductory remarks, thereby educe the issues that prepare for discussing and analyzing. The main body is divided into four parts, the first part stresses analyzing the definition of the administer justice nature, being established in clarifying and correcting some mistaken understanding and modus operandi in both theory and practice in to provide proper theory prerequisite for exploring and carrying out concrete reform move. The writer thought that the basic nature of administration justice identification lies in its scientific nature and legal nature. The scientific nature means that the measures and equipments adopted in identifying are scientific, the explanatory basis and the standards of identifying and judging are scientific, besides, the principal parts who carry out the identification must be the experts mastering special scientific knowledge; the legal nature refers to the administer justice identification must exist in the litigation process, its starting and carrying our procedures must conform to the requirement of law and also its conclusion is one of the legal evidence forms. But it is essential to make it definite that having legal nature is not equal to have the administer justice nature, identification is a term of scientific test activities in the final analysis but not judicature activity, thus it does not have the judicial power attribute and authoritative nature consequently.The second part will analyze a certain number of issues which exist in our current administer justice identification institution comprehensively, including several main disadvantages under current institution, such as the deluge in artificial distinguish identification potency, multiple identification and repetitive identification, dependence in identification, identifiers' avoidance of the obligation to appear in court to give evidence, not making the identification conclusion known to the public, the identification procedures' innormality, the chaos of the identification startupsubject and lacking identification liability mechanism. And also the writer considered that these issues must not be evaluated mechanically and u...
Keywords/Search Tags:administer justice identification, Institution of Administer Justice Identification, Identification organization, Identification conclusion
PDF Full Text Request
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