Discussion The Establish Of Re-authenticate Construction

Each kind of cases that accepted by the People's Court all inevitably involves the issue of judicial authentication. Since the judges have lacked the professional training on the authentication, it is usual that a case has been re-authenticated by several times to make a correct judgment for a controversial issue. Thus the problem of over-re-authentication has been a focus upon press and the judicial professionals. Re-authentication on the same case will cause the judgment being differently released, and therefore cost more judicial resources and, most seriously, devalued the credibility of our judicial system.The case of"the naked death of a teacher"happened in Hunan 2003, experienced 5 times of body autopsies, 6 times of authentication, without any same conclusion, and caused the doubt of public could be a typical example. Although recently Judicial Department announced a new version of Judicial Authentication Procedure, the problem is far from resolved. Firstly, it has no strict procedures on the re-authentication. Secondly, it is rules governed on the Judicial Department, rather than the law with overall jurisdiction on the whole China and thus the Court is out of its power.The article focuses on the problem of re-authentication with the view to give the resolution. First, it analyses the necessity and the procedure of re-authentication. Second, it focuses on the regulation of authentication, and the reasons of re-authentication.End, according the current lawmaking and state of our nation, the successful experience from abroad, put forward to include disclosure of evidence,limit the times of judicial authentication to set up a standard of re-authenticate.