The Research On The Expert Of The Judicatary Authentication

The expert of the judicatary authentication is the undertaker and carrier to the task of the judicatory authentication,the knowledge, experience, technical ability and quality of The expert of the judicatary authentication affect the conclusion, litigation activity and protection of he legal rights.However. the system of the judicatary authentication came from the ages of the planned economy,so,which has many blemishes. Therefore,it is vital for improving the system judicatory authentication and the systems proof to study the position, qualifications, right, duty and responsibility of the expert of the judicatary authentication.The paper invedtigates the laws and theories of home and abroad firstly,then, pointes out the defects, and according to the criterions of the rule of law,gives some suggestions for improving the system judicatory authentication.The paper has six chapters:In chapter one the author firstly illustrates the concepts of the authentication.the judicatary authentication and the expert of the judicatary authentication.Then.according to the criterion of the rule by law,generalizes a new concept of the judicatary authentication through analyzing severals typical concepts.In chapter two. through the meanses of compare analysis and clause analysis,the author elaborates the status of the expert of the judicatary authentication,including the family of land laws.the family of normal laws and the Chinese law.In chapter three the author elaborates the problemes of qualifications to the expert of the judicatary authentication.The chapter consists of three sections:the first is on thequestions of recognizing qualifications and investigating qualifications in the countries of the family of normal laws;the section is on the question's of recognizing qualifications and investigating qualifications in the countries of the family of land laws; the third is on the questions of recognizing qualifications and investigating qualifications in our country;And the third section has two partsrthe recognizing of qualifications the expert of the judicatary authentication who face to the social service and the expert of the judicatary authentication who face to the judicial organizations and the bureau public security.In chapter four the author elaborates the problem of the right and duty of the expert of the judicatary authentication.In this chapter, the author firstly analyzes the right and duty in the countries which are the family of normal laws and the family of land laws.then is our country.In five chapter the author illustrates the problem of the responsibility of the expert of the judicatary authentication.On the basis of analysis on the responsibility" of The expert of the judicatary authentication abroad,the author illustrates the troubles in our country.In the last chapter the author give some propositiones on the system of the the . judicatary authentication,including three sectiones.the first is on the improving the systems of the expert of the judicatary authentication in China, including four aspects :the first is the establishment of the unified and compound system of recognizing of qualifications;the second is the integration of the expert of the judicatary authentication and the organizations of the judicatary authentication;the third is the establishment the expert of the judicatary authentication who is authorized;the fourth is that the improving of investigating qualifications.the sceond section is on how to inproving the system on the right and duty of the expert of the judicatary authentication.the third section is on how to improving the system on the responsibility' of the expert of the judicatary authentication.