The Forensic Expertise System In China

"Authentication is a judgment for the ascertainment of relevant truth of a thirdperson who has particular knowledge or experience about the claim of case."Nowadays, as for law of evidence ,science and technology have become a kind ofrevolutionary force that can not be ignore. When it comes to authentication, it shouldact as more as an important part of judicial system special in state law system. Thejudicial authentication system is the guarantee of the enforcement of stat law, and it isalso the point of judicial system's reform.The (following be called forshot) past of the 28th February 2005, will bring forth far-reaching influence.Start from and concept, with a view of comparison, this thesisdiscusses the issue about making our judicial authentication system perfect. The thesisincludes four chapters and the point is administration system of judicialauthentication. Chapter 1: General statement of the judicial authentication system. Divide intotwo parts. First, discuss judicial authentication's nature, kind, position and function,from judicial authentication's concept;discuss relationships of judicial authenticationand authentication conclusion. Second: general statement of the judicialauthentication system, discuss which consist judicial authentication's administrationsystem and judicial authentication's procedure, according to judicial authenticationactivity's objective law, the former include judicial authentication organization andauthenticator;the procedure is rule and step that ensure it progress orderly. Both ofthem constitute complete judicial authentication system.Chapter 2: Compare the judicial authentication systems of Continental LawSystem and Anglo-American Law System's, analyze their advantages anddisadvantages. Expect it can offer a huge help to our country's judicial authenticationsystem in theory and practice.There are two sections: First, the thesis compare and analyze that use French andJapanese as an example describe the Continental Law System's judicial authenticationsystem and use England and American as an example describe the Anglo-AmericanLaw System's judicial authentication system. In Japan, before the second world war,established judicial authentication organization follow Germans model, after the war,Japan rebuilt judicial authentication system that include of two feature law Systems;Second, This part, I will compare and analyze the judicial procedure both of them.intend to introduce the reform on England and Americans judicial authenticationsystem, via the two of law system have deep influence each other so much, combinethe reform that had been taken by every country of two both systems, to showdeveloping trend of them. And I think this idea will give a hint on the re-constructionof Chinese judicial authentication system.Chapter 3: I will introduce judicial authentication system of our country, andanalyze its defect. Our country had been constructing judicial authenticationorganization during past 50 years;we had really established the basic judicialauthentication organizations. But there still have lots of defects exist in it. Forinstance, organizational overlapping, complicating of authenticator and the confusingstate of authentication. The will push the reform of judicial authenticationsystem ahead, at the same time it will also bring some new problems.The article introduces judicial authentication system in detail, through thecomplete research on judicial authentication's administration system and judicialauthentication's procedure. Then it analyzes the defects and the reasons of judicialauthentication system.Chapter 4: An idea on the re-construction of Chinese judicial authenticationsystem. There are two Parts:First is administration system of judicial authentication.It contains judicial authentication organization and authenticator systems. Map out aplan of establishing a unite planning of country judicial authentication organizationand authenticator insurance system, add supply of the government, establish nationalprofessional authentication institute, developing evaluation system and authenticatorqualification etc;Second is procedure of judicial authentication. Its content coverauthentication's start, enforce and the process of prove and so on.