On The Judicial Authentication System Of China

As the objective and fair scientific means to found out facts of the case -- judicial authentication, in the lawsuit activity's function and the status are more and more prominent. The conclusion of judicial authentication not only to the concrete case's decision,but also relates the entire social judicature fair implementation and fulfills. But the system of judicial identification defects seriously affected the fair of justice, efficiency, the realization of values. Therefore, the study of judicial authentication system has important value and practical significance, establish a scientific, normative practical, fair and efficient judicial authentication system is a priority. Through the study of the basic concept of judicial authentication system, comparative analysis of judicial authentication system of two different legal system, and based on our legal status, judicial appraisal system should be made to follow the basic idea and establish a unified, complex legal appraiser accreditation system to ensure that the capacity of judicial appraiser qualification; Locates the judicial appraiser in the independent lawsuit participation person, guarantees its neutrality; establishment of "one dollar bipolar" judicial authentication system and the "judges on the basis of the parties involved start the system", guarantees the appraiser in the procedure not both parties' disturbance, objective and fair writing up appraisal conclusion; reconstruction of cross-examination procedures, the establishment of pre-trial discovery process expert conclusion, the establishment of expert witness system, improve inquiry rules, the establishment of "expert advisor system", to ensure the effective identification of appraiser conclusion of the authenticity of the letter to the judge adopted conclusions reasonable. Consistent with the realities in China established to meet the needs of independent and impartial judicial activities, scientific and standardized, reasonable structure, clear responsibilities, management and orderly, and efficient opening of the judicial authentication system, making special "Judicial authentication Law", is the expert evidence government by law construction highest goal and the struggle direction.