Briefly Analysis The Judicial Authentication System’s Devolvement And Reconstruction From The Evidence Perspective In China

The judicial authentication is in litigation activities using science and technologyexpert witnesses or specialized knowledge of action involved the special problemsrelating to identify and judgment of and make appraisal Suggestions of activities.China’s administrative procedure law, criminal procedure law, the civil procedurelaw will be as evidence of judicial authentication legal species.This evidence for havetechnology factors and can make up the judicial judgment of the shortcomings of theprofessional knowledge in the case facts in that play a crucial role. However, in thedevelopment process, China’s full reference for the Western criminal justice identificationsystem "characteristics" and the hybridity of the system. In fact, this basic principle ofpursuing a "socialism with Chinese characteristics", leading to the Western system to takethe attitude that "brought", who is considered conducive to realistic problem-solving or"good" system will take over, not go to the careful study of the different legal systems,the internal logic and the history of soil differences. This ism distortions, and the use ofbrain release the vision to do is come "spirit essence diametrically opposed, reflecting notconfident in decision-making, institutional fracture, or even self-contradictory in practice.We need to have a new perspective to deconstruct the nature and mechanism ofaction of the identification of criminal justice in the proceedings, clearly identify thepurpose of the program, the identification procedures of our criminal justice Reflection and Reconstruction.This article is divided into four sections:Chapter1: Inheritance and fragmented-the criminal justice identification system todevelop an overview. Combined with the actual situation of domestic and foreignforensic brief Overview.Chapter2: Program and entities-criminal justice identification of multi-dimensionalperspective. The first part focuses on forensic analysis as a scientific conclusion; thesecond part of the expert conclusions from the discourse as evidence in litigation; thethird part of the argument of choice of law and procedural justice.Chapter3:"conclusion" to the "opinions"-the effectiveness of the criminal justiceidentification of the Evidence. Forensic as the premise of the litigation nature of theevidence, investigate the effect there is a way to hold the existing "case" to identify thepattern of causes, and proposed to break this pattern has been clearly emphasized in theprevious sectionChapter4: Reflection and Reconstruction-the improvement of the forensicprocedures. This part is combining the current status quo, and analysis along the formerpath, constructed outside in the deconstruction of our forensic procedures system.