The Judicial Authentication Start Programs Research

The judicial authentication is judicial activities smoothly, but also an important guarantee of lawsuit system, evidence system indispensable constituent part in modern litigation, playing an increasingly important role. The judicial authentication system in a certain sense for litigation services can be obtained by the judicial authentication procedures and the judicial review of the appraisal conclusion is confirmed one of the evidence in the judicial practice for litigation, determine the case facts provide a solid proof basis. The current judicial authentication system has many problems, the theory and practice of judicial authentication system needs reform have reached a consensus. But for a long time, the focus of the judicial authentication system reform are mainly concentrated in appraisal system implementation and evaluation, the identification of the supervision for the identification of startup procedure, the problems are seldom deals with. A matters, whether need to identify who start appraisal, went from place to want a favorable significant evidence of the party, which may affect the whole proceedings. Current criminal litigation distribution judicial authentication start programs is directly enjoys three authority carries identification, the parties had no direct start right there, just start right identified some supplementary identification or new appraisal right, this imbalance appraisal start right distribution obviously beneath the procedural justness, leading to the emergence of a series of problems. The parties in the whole lawsuit in key position, a law shall have corresponding procedure safeguard the parties involved in the appraisal start programs in situations in China, and reality of procedure guarantee for the parties have done is not good enough. The judicial authentication startup procedure to limit the norms of the state special authority power, protecting the personal freedom, justice and efficiency has the vital significance.In today's world the judicial authentication starting the program mode to basically have two kinds: strong flexibility, the Anglo-American law appraisal start-up mode and has strict appraisal of the continental law system of start-up mode, two types have different features, even two big law internal appraisal start programs in USES also vary. This paper first part of the way with typical cases two casters summarizes the characteristics of judicial authentication startup procedure and operating mode, analyzes two big law judicial authentication start programs development trend. With the continuous development of communication, two big law legal system constantly fusion, the judicial authentication start programs is not exceptional also, in order to adapt society's development are according to their own actual operation situation carried out a series of reforms. Reform is the main trend of the countries of Anglo-American law system, gradually limits at continental law system country starting in the gradually increases the rights, and identified start are introduced use different technical consultant system purposes. Three authority carries identification procedures discretion and enjoy the party entitled civil litigation identification of the startup procedure part discretion; Criminal proceedings and civil litigants enjoy appraisal startup procedure, this is our country the application situation of judicial authentication startup procedure, and the current judicial authentication start programs have need to improve but also have its existing reasonable value.Finally, the Chinese judicial qualification program from theory and puts forward some specific operation reform and perfect suggestion. In China real condition, cancel the investigation organ and the people's procuratorate of appraisal organization established in the maintenance is difficult, should the investigation organ and procuratorial organs appraisal starting the program to the right of this power while the limit, and to not to give the parties certain judicial authentication starting the program power; The people's court to start identifying program should give reasonable definition, scope, give judges negative identification starting the program power; From the Angle of equality and justice, to first identify the right implement parties start. Because with a case of private prosecution case of public prosecution a subject is different, so give different judicial authentication start programs Settings. Of course only gave the parties apply for appraisal right or not enough, still should establish the specific standard of appraisal startup procedure, can not only protect the parties can also avoid the litigation arbitrariness of power.