Forensic Start Right Research

Nowadays with the development of market economy and the strength of ruling by law, 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. The author considers that the key of resolving the problems happened in judicial practice is to setting up the rights of the startup of judicial expertise correctly, which is composed of the right of deciding to do judicial expertise and the right to choose an expert. The author also hopes that this article is conducive to enrich the theory of forensic science, guiding the practice of the forensic expertise.This article has four parts except the preface. And there are about thirty seven thousand words in this article.The first part is for saying all. It is an introduction of the rights of judicial expertise and the rights of starting it. First of all, based on defining the correct concept of the judicial expertise, the author establishes the concept of the rights of starting judicial expertise, and analyses the contents of these rights. Secondly, the author discusses the character of the rights of judicial expertise. Thirdly, analyses the situation in Common-law countries and Civil-law countries. Also introduces the situation in the legislation of judicial expertise in china.In the second part of this paper, writer analyzes the basic theories of the civil procedure law that have close relations to the judicial expertise .Concluding the actio, the burden of proof, the goal of civil action and so on. The author also analyzes analyzed the situation about the judicial expertise of our country. Then we can see that we can not just replant the systems of other countries. Not only because our country...