On Our Forensic System Reform, A Number Of Issues

Forensic science is defined as an act that an expert exercises technical means or know how to conduct differentiation and judge upon special issues involved in lawsuit and to offer expert opinions. With the basis of actual legal systems in China and reference of forensic science systems of Anglo-American law system and continental law system, the article, analyzing via comparison method, dissect the insufficiency of current forensic science system in China and gives serial measures to reform and perfect.The article, apart from foreword, consists of six parts; the foreword narrates the historical evolution, reform gestation, development and achievements of forensic science. Part Ⅰ discusses the necessity to reform forensic science systems. Over a long period of time, the disorder of forensic science acts in China lowers the credibility to some degree, analyzed from social progress, legal system establishment, economic running and technological advancement, the innovation of forensic science is the call of the time; Part Ⅱ discusses the clues to reform forensic science systems. First, it is needed to exactly define the connotation and denotation of forensic science, carefully grasp the basic nature of forensic science, fully understand the substantial features, follow the basic objects or overall requirements of judicial reform and borrow beneficial experience around the world; Part Ⅲ discusses the reform of managerial system of forensic science. For a long time, the legislation of forensic science in China lags behind the time severely, it requires urgent improvement and innovation, establishment of united management system of forensic science and scientific setup of forensic science authorities; Part Ⅳ discusses the reform of forensic science experts. In countries of Anglo-American law systems, the forensic science expert is called "Expert Witness", and in countries of continental law systems, the forensic science expert is called "Scientific assistant for judge", but called "Non-judicial participant" in China. Therefore, it is needed to make clear the right, obligation and legal liability of forensic science experts in China. Part Ⅴ discusses the reform of forensic science starting system. In countries of Anglo-American law systems, the litigantstarting system is established, and judicial officer starting system in countries of continental law systems, however, in China, the main evils of forensic science starting system are that the scout and control organs own over-heavy powers and defence forces remain imbalanced. In future, the forensic science starting system model in China shall mostly adopt judicial officer starting system as well as assistance of the litigant starting system. Part VI discusses the reform of enforcement system of forensic science system. In China, regulations concerning enforcement system are few in most laws, therefore, it is needed to add initial judge statement in laws, and to make list of cases needing judge makeup and re-judge in procedure laws so as to protect the right of the litigant, and keep the standardization construction of forensic science technical standards and lab quality control.