Criminal Judicial Appraisal Right To Start Research

The startup of judicial expertise is the beginning of judicial expertise and the most important part of judicial expertise procedure. The setting of the right to startup judicial expertise reflects directly the value orientation of the entire action structure. With the deepening of our reform of judicial system, the lagging in the related laws and un-adaption with the value orientation of the action structure of the right to startup the judicial expertise allow repeated expertise and multi-headed expertise to happen frequently, which causes problems like the lack of litigants’ action rights and imbalance of the fairness of judicial expertise. Therefore, to improve the setting of the right to startup judicial expertise is a necessary way to improve our judicial expertise system.Criminal judicial expertise is the detailed appliance of judicial expertise into the criminal action. As one of the legal evidence forms, the conclusion of criminal judicial expertise is one important basis for the judicial apparatus to investigate the facts of the cases and to judge correctly. However, there are only a few general rules about the startup of judicial expertise in our criminal action laws, which have strong principle but weak operability. In each part of criminal action procedure, there are different parties with the right to startup judicial expertise, which causes problems such as investigation and judicial expertise in the same apparatus, repeated expertise and imbalance of the fairness of the judicial expertise.The article explains some conceptions related with judicial expertise and main idea of the right to startup judicial expertise by researching the conceptions and comparative laws. The article also analyses the advantages and disadvantages of different modes to startup judicial expertise the same way in researching comparative laws. What’s more, the article also analyses the important problems in the setting of the right to startup the judicial expertise in our country by researching the present situation of legislation and judicial practice of our criminal judicial expertise. In the end of the article, we point out the detailed assumption to improve the setting of right to startup criminal judicial expertise in our country.The first part of the article explains the conception of judicial expertise, the conception and sorts of criminal judicial expertise and the contents and characters of the right to startup the judicial expertise. The second part researches the mode of starting judicial expertise in several representative countries in both Anglo-American law system and civil law system and compares the setting of the right to startup judicial expertise in both law systems. The third part raises problems of judicial expertise startup system in our country and the solution to them. The fourth part points out the assumption to reform and improve the setting of the right to startup judicial expertise in our country based on the contents mentioned above.