Reformation And Improvement Of China's Forensic Examination System

In the recent years discussions from law academy and practicing party about forensic examination system as well as the voices asking for reform have been reported frequently. Our current forensic examination system does not suit the goals to build a jural country any more, which has seriously hindered the development of litigation systems and impacted the fairness and authority of law.On February 28, 2005 the Standing Committee of the National People's Congress passed Resolutions on the Management of Forensic Authentication. A series of new measures in forming the forensic examination institutions and administration were taken, as follows. First, some types of forensic examination institutions and examiners should register enforced by the nation; Second, forensic examination institutions are not allowed in the people's court and law administration department. By far the interior forensic examination institutions existing in the judicial departments have broken down.This law expedites the legal reform processes historically. However, this law is compromised. The shortcomings in the forensic examination system have not been completely overcome, which leads to the main topic of this thesis.This thesis is composed of five parts. The first part begins with the development history of forensic examination system in order to find the historical reasons that caused the shortcomings in this system. In the second part, the author analyzes the litigation functions of forensic examination from three aspects, including protecting the human rights, realizing the fair procedure and finding true function of the entity. In the third part, the author studies and compares the foreign administration systems and practice systems and presents some thoughts and comments. In the fourth part, the author analyzes the current problems in the forensic examination system and reasons. The fifth part is the key chapter in this thesis. The author first rebuilds the whole framework of our nation's forensic examination system, and forms the new system where the primary examiner system is assisted with expert assistance. The author then demonstrates the suggestions in four aspects: (1) Establish and complete the expert assistance system at the macroscopic level; (2) Strengthen the neutral standing of examination institutions, and re-orient the examination activities of investigation institutions; Push further the reform of forensic examination startup right, and allow the two parties to consign examination by themselves or through the courts; (3) Perfect the system where forensic examiner is on court as witness and establish the forensic examination legal aid system; (4) Promote progressively the standardization of using scientific forensic examination technology in the examination process; reform the examination mode for the medical care accidents, and use the examination system under uniform administration where the involved parties are responsible.