Research On The Reform Of The Judicial Expertise System In China

The judicial expertise system reform is an important subject which is to be solved urgently in today's judicial system reform of our country. Begin with the theory of expert evaluation, based on the investigation, analysis and comparison to judicial expertise as well as its trend of change in western countries, this article will offer theoretically review and self-criticism in the practice to the prominent problems of our nation's judicial expertise system in force. Combining the theory of due process, this article systematically brings up building the unified judicial expertise administration system, neutral mechanism for expert evaluation, the independent judicial experts, the equal starting procedure of the judicial expertise, the transparent implementing procedure for the judicial expertise, the effective confronting procedure of the expert conclusion and the standard adoptive rules for the expert conclusion, etc. That is to say, an expertise system which is independent from investigation, examination, judgment office and is uniformly administered by judicial political office should be built. Such kind of system works to confine the function of expertise organization belonging to the investigation office and evidential position of its expertise conclusion, thus eventually to realize the revocation of expertise organization within the investigation office, to cut off the court's administration towards experts and the expertise organization, in order to make sure neutrality and objectivity and justice between the two. The system also requires a explicit chief position of experts; a thorough separation between expert's identity and investigator's or examiner's identity; an improvement of the experts qualification affirming registration system and legal obligation system; an effort to construct the independent judicial experts system, in that way can the expertise conclusion be ensured objective and just. An adaptation to the basic demands of antagonistic lawsuit in which the court are defined as the only one subject that has the right to start the expertise procedure beginning with neutral concept of treating both sides equally and disqualifying the power of investigation and examination office to open the expertise, endowing the client with the equal application rights of starting the expertise as well as improving the relative relief procedure, making it clear to hand in case style and its situation, building a double expertise system, restricting the times for a client to start again the expertise so as to put an end to random decisions. Besides, the system includes carrying through and implementing the open expertise policy; building a unified judicial expertise procedure system; defending the supervisory rights to expertise activity; strengthening the client's participation rights; improving the patterns and contents of expertise conclusion to ensure its reliability and legalization. Establishing the discovery system of expertise conclusions, intensifying the system of court testimony of the expertise, founding the expert's assistant system, following the policy of direct statement and cross examination, surrounding the admissibility of the expertise conclusion as evidence and the weight of the expert conclusion as evidence, perfecting the range and procedure of expertise conclusions, deepening the confrontation of expertise conclusions from the form to its essence, setting up the rules in which the illegal expertise is invalid, the hearsay evidence is suppressed, the neutrality and the factual matter as well as technicality matter is included. The ultimate goal of reform is to establish a conducive to safeguarding the legal rights of the parties, conducive to the protection of the judicial expertise quality, and promoting the judicial justice.