Study On The Management Issues Over Judicial Expertise Of The People’s Court Of The People’s Republic Of China

The forensic science (expert evidence) is refers to the lawsuit activity the expertutilizes the science and technology or the specialized knowledge the technicalityquestion which involves to the lawsuit carries on distinguishes and judges andprovides the expert opinion the activity. Along with society’s development and thetechnical progress, the hard problem which meets in the lawsuit activity are gettingmore and more, forensic science’s application is also getting more and morewidespread, its function is valued people’s day by day. The forensic science system isa country legal system’s important component, is the perfect legal system, a safeguardjudicature fair foundational. Despite the judicial expertise system in our countrymakes a certaindegree of progress in recent years, there are still many problemsexisting. Such asvarious expertise institutions, lacking of unified management,imperfect accesssystem of expertise institutions and appraisers, not even quality, andso on. Therefore, phenomena like many repeated expertise, one expertise conclusionpracticed byseveral institutions, and mistaken expertise take place. Aiming at theseproblems, the Standing Committee of the National People’s Congress adopted andpromulgated the Decision on problems about the judicial expertise management(hereinafter referredto as the Decision) on Feb.25,2005. Its promulgation andimplementation surelygives a great push forward to our judicial expertise work.However, the Decisiondoesn’t solve so many problems in judicial expertise in ourcountry. It was carried outmore than a year, today it gradually turned into a newdispersal judicialadministrative system, that is, three sets of administrative systemsoperated by threebranches-Ministry of Judicature, Ministry of Public Security and theSupreme People’s Procuratorate. Now the country legal regime has two big legalsystems the differences, this kind of difference similarly also exists in the forensicscience system. The mainland legal system’s authority principle pattern strengthenedjudge’s function, had guaranteed expert’s quality and the appraisal conclusion’squality, has actually neglected litigant’s lawsuit demand. The UK-US legal system’s litigant principle pattern had guaranteed fully litigant’s lawsuit benefit, actuallycannot guarantee expert’s quality and the appraisal conclusion’s quality, does notfavor the discovery truth. Along with society’s progress and the development, two biglegal system country’s forensic science pattern also had the tendency which uses forreference mutually, blends mutually. Through carries on the comparative analysis tothe world two big legal system country’s forensic science system, carried on to sometypical country’s forensic science system said that thus promulgates now the worldforensic science system’s trend of development, also has provided beneficial modelfor our country’s forensic science system reform. Our country’s forensic sciencesystem construction start is late, the system is not suitable, the system is not perfect,the author through the consult material, the quotation example, has pointed out ourcountry forensic science system existence many questions. Our country forensicscience system reform is safeguards the litigant lawsuit right the need, is the appraisalconclusion takes the legal evidence own need, is also our country judicatureorganizational reform need, our country forensic science system’s reform shouldfollow the feasibility, the neutrality and the scientific principle. This article hascarried on a more systematic elaboration to our country forensic science system, andhow from to improve our country forensic science aspects and so on legal framework,establishment reasonable appraisal system, establishment unified managementmechanism and consummation concrete evaluation program carries on the earnestponder, exploringly proposed own some reform opinion, believed is engaged in theforensic science supervisory work to the author, to our country forensic sciencesystem’s consummation is the beneficial exploration.Judicial expertise system serves as an important component of our country’sjudicial system. It is also a major approach in upgrading the judicial efficiency,realizing judicial justice, and promoting judicial civilization. Throughout the massivewaves of judicial reformation, the reformation of judicial expertise system has beenplaying a significant role not only in just practicing the judicial reformation, but alsoin further intensifying other reformation achievements as well as deepening thejudicial system and working mechanisms. In2005, the promulgation and implementation of the “Decisions of the Standing Committee of the National People’sCongress over the Management Issues of Judicial Expertise” established the legalsystem where a united management system for judicial expertise came into reality inChina. This signified that our country’s judicial expertise system had stepped into anew historical period, and strongly pushed forward the reformation of the judicialexpertise system, boosting a further deepened reformation both in the judicial systemand in the working mechanism system.During my postgraduate study, I was entrusted to be engaged in the managementwork of judicial expertise in the relevant judicial departments, where I encounteredand properly addressed many problems. From this working experience I hadaccumulated a huge deal of empirical data, but more importantly, I had benefited a lotfrom it. While undergoing this management work, I also noticed many problems thatshould not be put into negligence, some of which even directly affected operations ofthe hearings and executions of the cases in the people’s court, the realization of theclient’s legitimate interests, and the social credibility of the people’ court. Due to thereasons above, I choose “Study on the Management Issues over Judicial Expertise ofthe People’s Court of the People’s Republic of China" as the title of my paper, tryingto explore a feasible path through the combination of theories and practices forreference.This paper is divided into five parts: according to the practice procedure of thejudicial expertise currently adopted by the people’s court as well as the protrudingissues which are existing, the paper mainly focuses on the selected directory of theaccrediting bodies, the selection of the accrediting bodies, the censorship of theconclusion of the judicial expertise, the retrieval of the judicial expertise, theembodiment of the mediation system into the segments of judicial expertise, etc. inorder to carry out specific system designs for each procedure in the judicial expertise.Meanwhile, by specifying every link of the system, the operation of the judicialassistants’ power will be restricted to guarantee justice; by specifying the evaluationprocess of the intermediary, fairness and efficiency will be achieved, which willultimately attain the purpose that judicial expertise is able to truly and precisely reflect the objective facts, thereby to protect clients’ legitimate rights and interests.