Research On Management System Reform Of Forensic Expertise In China

The system of judicial expertise, which is the important component part of evidence system, is naturally linked with the litigious system and judicial system. The system of judicial expertise is the basis of judicial system and is useful for the fulfilling of justice. Now, the judicial reform is being implemented in our country. At the same time, the malpractice of the system of judicial expertise is being disclosed in practice. These malpractices can be summarized as follows: the judicial expertise institutions were set up chaotically, the laws about judicial expertise are deficient, the existed laws are contradictious with each other and so on. The efficiency of litigation was made lower because of these malpractices. This is not accorded with the aim of judicial reform. So we must reform our system of judicial expertise. The reform of the distribution and management of the judicial expertise institution is particularly important. So the writer studied the distribution and management t of our country's judicial expertise institutions deeply and put forward the writer's own points.This article has four parts except the preface and the concluding remarks. There are more than forty thousand words in this article:The first part is for saying all. The writer introduces the conception of judicial expertise institution, the history and present condition of the manage system of our judicial expertise institution, the necessity of the reform and the suggestions of other scholars. This part is the foundation of this article.At the second part, the writer introduces the manage system of judicial expertise institution of other countries. The writer introduces three kinds of the system. Those are the kind of concentration, the kind of scatter about and the kind of diverse. Then the writer told us the experience of other countries.At the third part the writer told us his own suggestion about the reform. After expressed the principles the writer told us that we should use the kind of "two roads and many situations " when we reform our system. The fourth part is the main part of this article. The writer said we should reform our judicial expertise institutions little by little. There are two stageswhen we reform the institutions in judicial organs. The first, the judicial expertise institutions in judicial organs should be independent so that they can give us the conclusions more equitably. At the same time the judicial expertise institutions in Public security official's organization and Indictment organization may have the rights to service the public. Second, when satisfy the term; the judicial expertise institutions in court should not have the right to give conclusions but they can have three rights: to review the conclusions, to entrust other institutions to give the conclusions and to invite the experts to give conclusions.