Researches On The System Of Chinese Judicial Authenticator

Judicial authenticator ,who are responsible for the forensic work, generally have high-tech knowledge and legal knowledge. Conclusions made by judicial authenticator independently, therefore, judicial authenticator play a decisive role to the conclusion of the identification data ,which is important to the special problem's solution.The dissertation is divided into the following five chapters.Chapter one is about judicial authenticator, who use their forensic expertise or skills to identify special issues and make the conclusion in the cases. Nowadays there are many problems in China's judicial identification practice, and it is urgent to reform the judicial identification system.It is not a comprehensive reform of a system transplanted from the West.But the successful experience of foreign countries is indeed useful for our reform. China'judicial identification system has the following problems: First, the status of judicial authenticator is differed with the two enlightenment. Second, there are monopolies in the right to initiate the identification procedure and the selected right of judicial authenticator, which will undermine the justness. Third, the testimony systems is exist in name only.Chapter two focus on a strict qualification of judicial authenticator. The procedural justice means verification procedures should be consistent with fair standards. It should regulate the strict procedures on qualification system of judicial authenticator. According to our practice, it should implement fixed-qualified in the qualification system. Fixed-qualified system can guarantee the quality of conclusions and the quality of judicial authenticator. It is important to judicial justness. Then it is necessary to set up judicial authenticator's examination as a pre-registration procedures system. The employees'conditions should include the legal knowledge and the basic ethical requirements.Chapter three describes the judicial system reform and the improvement of the expert commission. Verifications of the Judiciary commissioned from the monopoly power of the judiciary and the party or parties opposed to sharing real world verification system the direction of reform, as well as European law and Common law litigation learn from each other, the transformation to be the result of variations. Considering the actual situation of Chinese Judicial authenticator, my commission is to identify the distribution of national identification system to adapt to the world trend and direction of reform. The parties will continue to assimilate terms of a reasonable pattern, the design emphasis on the protection of the rights and litigation initiative Litigant incentive Verification of the Judiciary commissioned monopolies gradually loosened, and allow the parties to identify their own commission. As analyzed above,"entrusted first", the parties should positive claim, shall be considered as priority, whereas"additional verifications","re-verifications"and the passive"entrusted first", the court claims, ought to be taken as supplement.Chapter four, the author presents more detailed judicial authenticator's rights and obligations, and legally, there should be a strict legal system of appraiser appears in court. Although there has been significant progress to ensure that the judicial authenticator who appears before the inquiry in the"Decision", this is far from adequacy. We should take effective measures to ensure expert witnesses, and to improve the following areas: legislation, clear identification of the statutory exceptions to attend court cases. Judicial authenticator in the case could not appear before the same principle, and under specific circumstances identified in the people court permission, also enjoy the right not to appear. Secondly is about the establishment of a mandatory appearance in court and the perfection of the Legal Consequences when the authenticators don not appear in the court. Finally is the perfection of the system of judicial protection about the authenticators'appearance in court.Chapter five is reforming and perfecting the system of judicial authenticator. Identification of the judiciary not only applies to criminal perjury, but also applies to civil, administrative proceedings and other activities magistrate, So long as people subjective identification fraud, making identification inconsistent with the facts constituted perjury. Identification of the chief justice in violation of laws and regulations, the provincial government should be held accountable judicial administrative organs. The punishment was given. Identification of the civil law is based on the principle of fairness. In view of judicial authenticator in the criminal justice process for the identification of the parties as set out in the case of damage, which including that the identification of the parties do not comply with statutory obligations to the case of damage, It should also include identification of the criminal justice identification process due to the wrong side of causing unnecessary damage, and the parties set in the civil commitment "competing" tort liability and breach of duty or competing. Tractor or the identification of the parties is free to choose what kind of responsibility. Tort liability should be determined by the identification of bodies and identification of the person and several liability provisions, Justice accreditation body should be compensated with gross negligence or intentional acts of judicial authenticator recovery, This will clear the forensic identification of the judicial sector, Justice also clearly identified the clients and other relevant parties on the responsibilities, and strengthens the sense of judicial authenticator, nor should bear the responsibility of the judicial identification escape legal sanction.To the parties, jointly liability takes them in a both safeguard, they can both suit for Compensation to identification of bodies and judicial authenticators,who can gain the greatest protection to their Legitimate rights.