Discussion On The Legal Status Of Identifier In China

Along with the legal system building,verification elaborate further effect on keeping the legal process go on smoothly.As the lively element in the verification,identifier's centre status seems clearly.How to make the identifier's legal status definite is a very important problem,but not solved yet.Their indistinct status inflence the system about the beginning of the verification,the right and duty of the identifier and the evidential function of the expert conclusion.The author concider that the identifier's legal status should be the neutral litigant participant in China.Regretfully,there was still a wide gap between the practice and the ideal.This paper began with the introduce of the identifier's concept,then analysed the legal status of identifiers in our country,appraised the identifier's legal status in the two genealogy of law,drew a conclusion that the identifier's legal status should be the neutral litigant participant.In addition,the author posed the method of how to building this legal status in order to supply some help to the legislature.This whole essay divided to four parts,with a total 32,000 words.The first part was the summary of the idertifier's system,included the idertifier's concept,characteristic and type.The author discussed these basic problem in order to lay a foundation to the follows.The second part focused on the idertifier's legal status in China.The author made a concrete analysis of the change of the idertifier's legal status during the different stage of China,and posed the bad effect of the uncertain legal status.The third part focused on the compare of idertifier's legal status's between the continental law system and the common law system.The continental law regarded the idertifier's legal status as the judge helper,the common law regarded the idertifier's legal status as the expert witness.These two opinions both have their rational reasons.The author hope that by use the comparison method,can find some useful reference for building the idertifier's legal status in our country.The fourth part is author's suggestion of how to building the idertifier's legal status in China.The idertifier's legal status should beneficial to develop the basic function of verification.The author first made guiding ideology clearly,then put forward herself's tentative plan about located the idertifier's legal status,and in the end gave rationalization proposal to the related identity institution.