Analysis And Application Of Forensic Expertise In The Field Of Civil Action In China

The rapid development of science and technology does not only expand thehuman cognitive field, but also used as a precise scientific and technological methodfor the judicial authorities to provide a wider space for the facts of the cases.Meanwhile, with the deep construction of legal system, the judicial appraisal system，which is in the scope of civil litigation，gradually presents the lagging condition. Inindividual cases, it even exists some cases that are contrary to the lawsuit valueobjective of justice and efficiency pursued by Chinese judicial reform. But thelimitations about the judicial expertise procedure prescribed by law of our countrycannot make the hope that science and technology can promote the rule of lawachieved. The immediate priority of judicial reform is to improve our system ofjudicial expertise procedure and refine the relevant provisions as soon as possible.The law enacted in2012amendment to the judicial system reform in our countryInjected new vitality and put forward the new request to the civil procedure. The mosturgent problem to be solved at the very the process of law enforcement is to knowmore about the new legal provisions and the principle of law, to apply the stiff legalprovisions to the specific cases effectively，thus to make the law reform come true. Inthis paper， the author classified legal provisions of judicial identification in ADecision on modification of The Civil Procedural Law of the Peoples Republic ofChina in2012and analyzed the juristal theories contained in legal provisions in orderto put forward the specific application of the judicial expertise procedure of relatedlaws and regulations. This paper is divided into three parts and there are totally morethan28000words.The first part is the basic theory. In this part, the author elaborated the domesticand foreign mainstream views from the definition of expert testimony, and then gave anew definition of judicial identification. On the basis of new definition, the authordiscussed the basic features of judicial authentication. According to the definition andfeatures of judicial expertise, the author concluded the concept and basic elements ofjudicial expertise procedure that are used as theoretical preparation for the following analysis and application of the modified procedure of judicial identification.The second part of this article is the summary and analysis mainly to themodified content of judicial expertise procedure in our country civil lawsuit. In thispart， the author analyzed the background and current status of the development ofChinese judicial system. The keystones of this section are the specific modificationand understanding the modified part of judicial authentication procedure in newAmendment to the Civil Procedure Law. The author discussed the modified progressfrom the modified background, and made preparation for analysis and application inthe third part through statistics, comparison and other methods.The third part of this paper is mainly about the analysis of application onjudicial expertise procedure in the field of Chinese civil action. On the basis of thefirst theoretical research part, the author analyzed the specific modifications ofjudicial expertise procedure. The author introduced the concrete case and madecomparison from the theory to practice, and finally proposed the own opinion to howto apply specific modifications of judicial expertise procedure in the judicial practice.