Study On The Supervision Of Forensic Appraisal In China

The legitimacy, science, impartiality and effectiveness of forensic activities, largely depend on the supervision mechanism of forensic appraisal. Unfortunately, however, our legislation on the provisions of the supervision of forensic appraisal does not have much, if involved, they often lack maneuverability. Because of invalidity and absence of supervision, it not only led to constant re-appraisal and protracted cases, but also led to a number of miscarriages of justice that shocked the nation. Therefore, studying the actuality of the supervision of forensic appraisal of our country in-depth, finding the defects of the regulatory system and focusing on building an effective supervising mechanism, are the problems that need solving.The thesis is divided into four parts.The first part is the introduction. It mainly introduces the significance of selecting this topic, research actuality, research object, research methods and innovation seeking to achieve.The second part is an overview of the forensic appraisal of our country. First of all, this part elaborates on the meaning of supervision, and then transits to the topic of supervision of forensic appraisal, and points out the unreasonable actuality of the mechanisms of forensic appraisal. Further, this part explores the basis of strengthening the supervision of forensic appraisal.The third part is about the content of supervision of forensic appraisal. This part includes the following four elements:Supervision of the power to initiate forensic appraisal. Firstly, this section makes an extraterritorial investigation of the starting system of forensic appraisal, and points out the respective advantages and disadvantages of the adversary starting mode and authoritarian starting mode. Further, it introduces the starting mode of forensic appraisal in our country and actuality of the supervision of starting power. Finally, it constructs a reasonable supervising mechanism of starting power of forensic appraisal, basing on actual situation of our judicial system and evidence system, and learning from the advanced experience of common law and civil law countries.Supervision of executive power of forensic appraisal. This section includes three aspects: supervision of the acceptance of forensic appraisal, supervision of the implementation of forensic appraisal and strictly enforcing the system of internal review.Supervision of re-appraisal. This section mainly discusses problems of re-appraisal in our country, and then aiming at these problems, it proposes measures of strengthening the supervision of re-appraisal.Supervision of the opinion of forensic appraisal. It includes four aspects: supervision of the content and form of appraisal instruments, improving the informing system, strengthening the court cross-examination, supervision of whether to adopt the appraisal opinion or not.The fourth part of the thesis focuses on construction of the supervision system of forensic appraisal and improvement of the responsibility system of forensic experts. This part first discusses the principles we must adhere to when reconstructing the supervision system of forensic appraisal, and then it discusses the responsibility forms of forensic experts in our country and the problems available. Further, aiming at these problems, it puts forward specific measures so as to perfect the responsibility system of forensic experts in our country. Finally, it puts forward legislative suggestions.