| The conclusion of judicial identification is legal evidence ,which is one of the three Procedural laws in China. How to use judicial identification correctly, to investigate the real situation of the case and has been the focus of the neutrality and the impartility. In the system of judicial identification -repeating judicial identification is an effective approach for checking and correcting the conclusion of identify. But because of the insufficient of the judicial identification system and the legislation, not only did the repeating judicial identification not produce a marked effect, but also became a aeipathia of affecting the justice and the efficiency. In the shortcoming unfolding identification system, the issue of repeating judicial identification and multipoint identify have become more and more serious. The public affection have been decreased by only justifying in confusing situation, so that the case have been staying then stop making the legal action efficiency happen. Repeating judicial identification is a outstanding problem in judicial identification practice, which can be embodied the shortcoming in concerntrating at the moment. The shortcoming can cause the conflict of the conclusion of judicial identification, which have already been a disease in judicial identification in our country, that can cause a serious consequence.February 20, 2004, Yuyao City, a two-year-old children in kindergarten sudden death, the case before and after a total of eight, there were five different versions of the identification of bodies from the expert conclusions. Such conclusions mutual "scuffle" makes the situation of the case by the trial judge to determine which of the parties in the end concluded with the identification of proof higher. February 24, 2003 occurred in the city of Xiangtan in Hunan Province female teachers Huang Ching case, in the case during the 22 months, a number of agencies have identified the cause of her death autopsy done five times, six times the death identification. Similar case in 1992 in the town of Dongyang, Zhejiang, Wu Ning had also staged, Luba% v. Hu Shangjun intentional injury compensation case, the case lasted seven years, a total of eight times so identified. Repeatedly that the identification to the public into confusion, the identification of the judiciary have also entered a vicious circle, and the endless back and forth back and forth, to that end, the scientific identification of the people and property they had misgivings about.The text is made a study of the conflict of the conclusion of judicial identification, discussed the reason of conflict and the method of how to solve it. The predicament of the conflict of the conclusion, which is a serious disease in judicial identification system in China, that can cause a serious consequence and make the public affection decreased, so that the case have been staying then stop making the legal action efficiency happen.The text analyzes the reason why can produce this phenomenon rationaly and discusses the way out of coflict of the conclusion. Considering the reason, the repeating judicial identify problen become more and more outstanding in the system, that has so many shortcomings, which was driven by only justifying. Repeating judicial identify is a outstanding problen in judicial identify practice, which can be embodied the shortcoming in concerntrating at the moment. The phenomenonof repeating judicial identify in Procedural Law now, especially the civil procedure ,which brought the disadvantage of lawsuit. During the period of the lawsuit, some identification institutions take part in it and also argue fiercely. The content of conclusion of judicial identify also conflict each other seriously, which take long a time,a great expense, and can't finish the case as soon as possible. the judger don't know what to do at a loss, so that the thing has been a burden that the party can't accept, and cause the waste of the judicial resource.In this paper, the full text of more than 30,000 words, with the exception of the preamble and the conclusion, is divided into four parts.Chapter 1 of the text, it identify the conclusion of the concept and the basic character definitely. The identification, which is a period of analyze,check out and judge in science . And the scientificalness is the basic character. The judicial identify is not a simple science activity, it is different from the identify in natural science and also in social life. Identification conclusions of the judiciary and non-litigation expert conclusions, conclusions of forensic identification and investigation of the conclusions made a distinction between. Judicial identify as a lawsuit activity, it has the character of law. The conclusion of identifying There are the law character and the basic character for the conclusion of identifying.In chapter 2, through the study of the phenonmenon of repetition in identification,it points out that the very reason lies not only in the defects of indentifying system, but also in the imperfect of lawsuit procedure.why should one specified question go through several identification institutions? What is the reason? The author of the two typical cases of repeated identification of the in-depth analysis, summed up repeatedly identified the characteristics of the phenomenon, through the observation of repeating idetification in all kinds of cases, the author finds that this phenonmenon is caused by the integreted efforts of many aspects. The author considers the causes of repeating identification from law and system aspects as external factors, and puts the factors, such as scientific theory, technical methords and the self-identifying factors as internal factors. Finally, the regulation repeatedly identified the theoretical analysis that four inspiration.In our country, "Justice conclusions conflict" situation prevails. Rational analysis of this phenomenon generation, are many reasons for the combined result, but in the final analysis, is the existing judicial system identified the concentrated expression of many abuses. Chapter 3, it analyzes the reason of the conflict of judicial identification in 3 aspects. First ,it is the defect in law and the lagging in legislation in our country, From the identification of bodies, identification, identification of norms and standards Probe into three aspects of China's current judicial challenged the credibility of identification. And the second , it is the power of decision in identification and the power of attorney problem didn't get a reasonable solution, By comparison the author of the three existing foreign identification mode, in light of China's current situation, find a solution Road. At last, there is a wrong way for the court to make a believable conclusion of identification, . Listed five criteria to assess the subjective conclusions of the wrong identification of bias.Chapter 4,which is considered to be the focus of this paper,gives countermeasures for restricting the conflicts of the conclusions of identification in 6 aspects. first, to remend and complete the inadequacy of the existing law. Second, to adapt the identifying-system of the court. Third, to adapt the identification qualifying system. Fourth, to put restrictions on the number and frequency of identification. Fifth, to make supporting scientific identifying standard in full sense. In the last but not the least, to get rid of the misunderstanding of priority believe under the conflit of the conclusions of justice identificaton. The author in accordance with the relevant law, academia and the general theory of their own views, their own bare some of the views to see and analyze problems will inevitably be inadequate, for the right Analysis, praying for correction.As Deng Xiaoping has ever said, the reform is "the self improvement and self development". The way out of the judicial identification system is just this. If the Huang Jing Case leads to the great transform in the judicial identification management system, and promotes the the NPC Standing Committee implementation, then, we expect the Cases of judicial identification system will get a brand new tide of reformation such as Fang Yidong Case. So it is , that is the fortunate thing in judicial identification, also in legal career system in China. |
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