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Forensic System

Posted on:2008-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J G HuFull Text:PDF
GTID:2206360242472153Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial appraising as a part of the evidence system is that our country does not allow one important ring ignoring in the reform of the judicial system. The expert conclusions made by judicial appraisers provide scientific method for sinuous litigation, and have important influence on the judge made by the court finally. Therefore, step up to flexible improving and perfecting of Judicial appraising, adjust to modern litigation has important, and even decisive effect.Expert evidence refines that the identifier receives the appoints by judicial authority or entrust of the interested party, wields to carry out the activity distinguishing or judging and providing the appraisal idea on the special nature problem that legal action relates to by their special knowledge or applying technology. Judicial appraising outstanding characteristics have: the main body particularity, speciality of the problem require for solving and the passivity of participating. At the same time, the core expert conclusion being Judicial appraising has dual nature of objective and subjective, original dual nature of true and not true. Now that it being not "king of evidence", neither the "court decision being science", it can be use as the litigious evidence only when the expert conclusion been verified by.All objects can see the length only drawing middle in comparison. The paper aims to provide a train of thought to the reformation of my national judicial appraising system through comparing by the identifying system, identifying mechanism, identifier system , the starting identifying that and being put into effect and evaluating to the diversity stipulates of the main countries in the two main genealoty of law.For a long time, our country judicial appraising system does not stipulate that the interested party can start the judicial appraising procedure, and seldom stipulate the procedure putting into effect also. The identifier avoids being led to the Judicial appraising quality certificate by false spending, identifying the person default of appearance and so on , attestation exists in name only. Identifying middle is short of the abuse existence such as uniting the science technical norms and handling a norm, has made people produce suspicion to the expert conclusion justice.Reforming our country judicial appraising system is the need of socialism rule by law, is the impartial need with efficiency, is the need of litigation reformation, essential points insists on principle of the rule of law, science principle , neutral principle, this once is worth in order to reaching justice and efficiency in the process reforming target.In the process of concrete perfect judicial appraising system, Frist judicial appraiser must participate in unified countrywide identifier qualification examination, in the identifier empanel upper adopt with the judge empanel give first place to, the interested party empanels the rights and duties being to assist, make an identifier clear, comes to perfect identifier system responsibility. Second Identify procedure by ascertaining that challenge system, the thin melt appraisal put procedure into practice waiting to come to improve and perfect, Third the conclusion tries the evidence ability showing in the front, making clear that the identifier appears in court as well as to the expert conclusion, comes to perfect the expert conclusion quality certificate, attestation procedure the attestation testifying a force by building Judicial appraising. Being engaged in the daily work identifying normalizing by suggesting setting up a special agency comes to perfect judicial appraising technical norms, makes judicial appraising system develop to be scientific and systematic.
Keywords/Search Tags:judicial appraising, judicial appraising conclusion, judicial appraiser, judicial appraising technical norms
PDF Full Text Request
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