Research On The Reform Of The Initiator Of Criminal Judicial Expertise

The judicial expertise takes in the legal procedure an important link, exercises the pivotal function in the judicature. Many problems in the criminal forensic evaluation. Initiation is the starting point for criminal forensic evaluation procedures, and identify the specific use rights, the lawsuit is a concept, the evidence system, identification of a number of factors such as the system the result of the role it directly determines a country identification procedures characteristics.View of this, forensic and criminal justice to identify the right starting point for studying the basic principles, the major countries in the foreign judicial system of identification of the basic content and start the trend of investigation and study, based on the identification of the start of the right of the criminal justice status were studied. The power to initiate in our country is not very good. The are lots of cases about forensic, such as "Huang Jing case", "Qiu Xing Hua case", "Yang Jia case". Those cases make an hot issue due to the contradiction between the provisions of law and judicial practice. In our country judicial authority have more power to initiate, litigants especially criminal suspect and victim. They only have the right to apply reappraisal and additional identification. Prosecution and defense don't have equal setting the right. So Justice is out of balance. Repeated identification and identification have occurred long. Therefore improve our power to initiate criminal justice system has become very necessary. The initiation of criminal identification procedures such as justice and right of appeal based on the concept ,the right to build forensic need to consider criminal prosecution, the burden of proof on the private prosecution in different, and as a basis for the main body from the start, the prosecution of cases identified in the retention of existing starting System Identification under the right to apply to give the parties to increase the party accreditation bodies and experts of choice, and functions of the department the right to start the identification of the system; private prosecution cases in the courts of justice remain the starting right identification, if necessary, to give the party started to safeguard the rights of forensic procedural rights of the parties to protect the forensic quality and promote a fair judicial process started right system identification.