Forensic Theory Of Value

When the reform wave sweeps the old judicial expert system, the cause of our judicial expertise is led to a new era. The direction of the reform bring about the thinking of the value of judicial evidence, which is of great significance to the clear identification of the nature of justice and promotion of the improvement of judicial system and the proceedings, and to solution to the difficulties it faces. Judicial activities is an activity of litigation. Its scientific nature makes it different from the general litigation activity, therefore judicial expert evidence has dual attributes, which is scientific and legal.Judicial fairness is of primary value in judicial expert activities, which aim to symbolize and pursue justice and fairness. Scientific attribute of the judicial decision of the judicial expert activities makes the value of justice connotation different from ordinary litigation activities, and it should also include scientific concept of justice. Scientific justice, procedural justice and entities justice are three levels of the value of judicial justice. They are mutually conflicted and balanced. Fairness in the judiciary means that the different entities who take part in judicial expert activities have equal right to choose in different levels. The judges, the parties and expert have certain mutual restraints on each other in terms of the rights of choice.Judicial efficiency is the inevitable contents in the judicial value, which is to minimize the cost in time, economy and ethical activities is another pursuit of judicial expert service. Characteristics and experience of two Schools of different national judicial system tell us that the fairness and efficiency of judicial expert activity are sometimes conflicting. How to ensure the fairness and efficiency of judiciary expert activity is the objective of judiciary activities. The most obvious problems are multi-headed and repeated expert evidence as well as extension of the time limit for lawsuits affecting the efficient identification of the outstanding problems. It should be solved through legislation to regulate the system.At present, China is undergoing the judicial system reform. The drawbacks of judicial expert system are of the main reasons for the disorder. To solve the real problems fundamentally in the reform of the judicial expert system and management system, it is necessary to construct a new order system in purpose of fairness and efficiency, to protect the neutrality, independence, objectiveness, and science of judicial expert evidence. Scientific value is just the manifestation of reasonable allocation of resources and establishment of nonprofit are the requirement of efficiency of the judicial expert activity.