Discussion On The Quality Control Of Judicial Identification

The expert opinion made by judicial authentication is legal evidence types, it plays animportant role of proof in the lawsuit. Especially with the development of scientifictechnology, and the enhancement of people’s idea of rule, appraisal suggestions are playing amore and more important role in litigation. But in practice, there are still a lot of negativefactors which influence the quality of the judicial authentication. Mainly displays it hasn’t yetstipulated the procedure specification of the judicial authentication specifically in litigationlaw, the incomplete management system of the judicial authentication, lack of unifiedevaluation standard, and do not take the procedure of operation, etc. Its quality directly relatedto the size of the proof strength of the expert opinion, so we have to improve the quality of thejudicial authentication, to ensure it’s value in the lawsuit. It is the meaning to control thequality of the judicial authentication. Set up the quality control system of the judicialauthentication to control it’s quality through the control of the main body, the control of theprogram, and to establish the information feedback system after the authentication.In addition to preface, This paper is divided into four parts.The first part is the summary of the quality control of judicial authentication. For the first,it expounded the concept of the quality control of judicial identification. The quality controlof judicial identification is a series of measures and methods we adopted in order to makejudicial identification to the standard of legality and impartiality, scientificalness and accuracy,proper identification, to realize the optimization maximally of essential identification anddetermination, to support the maximum effect of evidence served for an action or anarbitration. Secondly, this paper discusses the characteristics of the quality control of judicialauthentication. The judicial authentication of quality control has the characteristics oflegitimacy because of the starting point according with the spirit of the law, specific operationconforming to the provisions of the law, the form of existence basing on the law. It has thecharacteristics of the systematicness for the judicial authentication process and content beingsystematic. And it has the characteristics of the contradiction because of improving qualityand reducing efficiency at the same time The second part of the paper expounded the significance of the quality control of thejudicial authentication. First is the meaning of the appraisal activities. The quality control ofthe judicial authentication can guarantee the standardization of the judicial authenticationactivities from the operation procedure, operation method, analysis basis, the material formand other aspects. Second is for the significance of the identification organization itself. Itensure the justice, neutrality, scientific authority of the judicial authentication institutions. Thelast is for the significance of the theoretical study of judicial authentication. It can perfect thetheory system of judicial authentication, enrich the theories of judicial expertise, open up thetheoretical perspective on judicial expertise.The third part of the paper expounded the influence factors on the quality of the judicialauthentication. Firstly, it expounded the scientific technology on the influence on the qualityof the judicial authentication from the limitation that people understanding ability and thedevelopment level of science and technology. Secondly, it respectively expounds the influenceof the quality of the judicial authentication from four aspects: litigation law, managementsystem, identification procedures and regulations, the uniform standard of the identification.Finally, it discussed the humanistic environment on the influence on the quality of the judicialauthentication from three aspects: the expert witnesses, and the appraisal organization,identification materials.The fourth part is the conception of setting up the quality control of judicialauthentication system. First is the main body control. One hand is the professionalqualifications, ability qualification, legal qualification, the professional moral control ofexpert witnesses. On the other hand is the legal control of qualification of the identificationinstitution, and actively introduces international or regional recognition system. Second isprocess control for the judicial authentication. On one hand, for the identification materialquality control, we should perfect the legal system of extraction and preservation of theappraisal materials. On the other hand, we should control the scientificalness of theidentification behavior from the acceptance and implementation of judicial authentication.Finally, we control quality of judicial authentication through setting up information feedbackafter judicial authentication. First, the error control, pay attention to the analysis of technicalerror, and treat error specifically according to the difference of the specific value pursuit. Second, perfect the system of expert to testify in court, establish expert witnesses testifybefore the system through the legislation, at the same time, clear the content of expertwitnesses in court to accept cross-examination.