On Civil Identification Start The Program

The start-up problem of identification procedures was an exploring block to open the door of the identification system.At present,the two legal countries in the world have more research about the starting procedure of identification systems and when the litigation pattern between the two legal countries become more and more integration,the starting procedure of identification systems also start learning from each other,reflect the trend of integration.In this paper,the author will introduce the starting procedures of identification in China's civil proceedings,and analyses the characteristics and shortcomings about the starting procedures,and learns from the advanced experience of the starting proceedings of the two legal countries' identification system.On the basis of analysis,the author will analyze the reasonable reason about the courts have the right to decide to start the identification procedure.At the last,the author will give some useful advice about the following aspects for our country's starting procedure of identification. For example,if the parties want to apply for an identification,the judge should investigate the apply with the legal standards,legal issues as well as the certain issues of fact should be excluded from the application,and the judge should notice the parties whether he agree them application for the identification and explain the reason why he agree or not agree the party's application,and the parties must have the relief right when their application are refused;Our country should make a series of market regulation for the identification system,such as establish the trade associations and a clear charging system,these can prevent the expert away from the damage and keep their independent and neutral;The law should give some flexible regulation for the party's application for the identification.If the parties want to apply for identification,but the applying time has gone,if the judge in accordance with the wishes of a fair trial and according to the decision situation,he can determine whether agree the party's application.Improve the party's selection procedures about the identify body and person,carry out the party's right to apply for some identify person avoid.Improve the twenty-eighth article of the evidence regulation,if the parties want to re-apply for identification,the judge should relax the restriction so that both parties have equal right to apply.When the party submit the material for identification,the process should be open and legal operated,the parties should be give the right to monitor the process of submit material and so forth.With the proposal above,we hope that the starting procedure of the identification system can play its scientific guidance rule,and it can safeguard the parties' legitimate rights and interests as well as a powerful weapon, and the judge can make a fairness and justice conclusion.