On Price Evaluation System In Criminal Cases Involving Goods In China

Prices identification of case-related objects is an action that prices identification department accepts the commission of committee unit and draws conclusions after analyzing, identifying, and calculating the case-related objects, according to related laws and regulations and judicial explanation and by using the professional knowledge of identifiers. The range of prices identification of case-related objects is broad, for example, public security case, civil case, administrative case, criminal case and etc. They all have chances to meet the situation of prices identification of case-related objects. The so-called prices identification of criminal case-related objects refers that, in the process of criminal lawsuit, prices identification department accepts the commission of committee unit and identifies then draws conclusions from the case-related objects whose prices are undefined, or are difficult to define ,or are questioned, according to related rules and by using the professional knowledge of identifiers. In our country, the business of prices identification of criminal case-related objects accounts for a very large proportion in the whole prices identification business, and the results of prices identification of criminal case-related objects influence the case greatly, especially the infringement of property case and corruption and bribery case, which the value of the case-related objects determines register or not, criminal or not, serious or minor offence, large sums or huge sums situation, so the results of prices identification play an important role on the punishment of suspects and defendants. With the development of the society and science and more and more kinds of criminal case-related objects, fictitious objects and contrabands also arise in addition to the traditional objects, which bring great difficulties to the work of prices identification and arouse some argument in the judicial practice and academic circles.The essay first elaborates the recent situation of prices identification of criminal case-related objects in our country through the legal basis, the organs and the common procedure of prices identification. Then, it summarized the main problems in the work of prices identification of criminal case-related objects. Most legal basis are inefficiency and low level; prices identification profession, especially some special profession lacks of qualified people; The related documents of prices identification are not standard and basis of valuation is not unified…Meanwhile, according to the above problems, the essay offers a set of reasons to these problems, for instance, the standard of prices identification work is difficult to carry out; the supervision of judicial organ is not strong enough; the internal allocation of prices identification institution is not perfect; the selecting of suitable people for prices identification is not rational; basic data of survey and certification is not enough; some people lack of responsibilities and etc.Finally, it compares the related rules of English-American law and continental law in the aspects of judicial identification system, rules of identifiers, the start of identification procedure, the process of carrying out the identification. By analyzing and with the recent cord for prices identification institution, research on the prices identification theory, the satisfactory situation about the potentialities of prices identification developing, the essay gives six points of reformation: 1. strengthen the legislation work of prices identification and evaluation; 2. further relate the institution and rationalize responsibilities; 3. further improve the comprehensive quality of prices identifiers; 4. collect the basic data of case- related objects prices completely and objectively; 5. judicial organ should strengthen the supervision of identification institution and the personnel; 6. reform the content of prices proxy and document of prices identification conclusions.