The Informment And Perfect Of The Management System And Judiciary Identification In Our Country

Along with the development of modern science and technology, on the methodsof discerning the facts of a case, judicial expertise has already occupied anincreasingly important place. During the course of judicial expertise, some objectivehuman—factors are important reasons that influence expertise conclusion, so theform of judicial expertise system should stress on the form of personal system oforganization. Despite the judicial expertise system in our country makes a certaindegree of progress in recent years, there are still many problems existing. Such asvarious expertise institutions, lacking of unified management, imperfect accesssystem of expertise institutions and appraisers, not even quality, and so on. Therefore,phenomena like many repeated expertise, one expertise conclusion practiced byseveral institutions, and mistaken expertise take place. Aiming at these problems, theStanding Committee of the National People's Congress adopted and promulgated theDecision on problems about the judicial expertise management (hereinafter referredto as the Decision) on Feb. 25, 2005. Its promulgation and implementation surelygives a great push forward to our judicial expertise work. However, the Decisiondoesn't solve so many problems in judicial expertise in our country. It was carried outmore than a year, today it gradually turned into a new dispersal judicialadministrative system, that is, three sets of administrative systems operated by threebranches—Ministry of Judicature, Ministry of Public Security and the SupremePeople's Procuratorate. The article evaluates the condition and practical significanceabout the Decision' implement, at the same time, it points out some unsettledproblems on management system after the implement. According to the article, thereform of judicial expertise management system in our country can't be deviatedfrom reality. It should integrate and implement the spirit of the Decision. Theappraisers and expertise institutions should be centralized the administration by thejudicial administrative branch, and the appraisers and expertise institutions ininvestigative organs should be taken dual control. All together, we should improvelegal systems related to judicial expertise, standardize the industrial management,realize the responsibility system of appraisers, and form equal rights and duties ininternal expertise institutions.