The Comment And Analyse Of The Judicial Identification System Of The Civil Procedure

There is an old saying that expert witnesses is the judge of the fact in Romanlaw this old saying. From this sentence we can be see that the importance of thesurveyor and the judicial authentication proceedings in the law system. In the modernsociety, judicial authentication not only play a more and more important role incriminal proceedings, but also more widely applied in civil justice. But, the civiljudicial identification system in our country has not yet been formed completely, andthe current of judicial appraisal of the relevant laws and regulations also exist manyproblems, which led to the obstacles in the practice of judicial authentication. In2012our country has conducted a comprehensive revision of the civil procedure law, therevision of judicial appraisal improves the relevant provisions of the judicialauthentication, perfecting the regulations about the start of the appraisal and appraisalconclusion cross-examination certification compared with the former civil procedurallaw. But there are still some problems not been solved, and also produced some newproblems as a result. Based on the study of the theory of the civil judicialidentification system in our country, we want to perfect and integrate the various rulesand regulations in our country. It is imperative to build a set of scientific, reasonable,fair and efficient civil judicial identification system. In this paper, through thetheoretical guidance system, to practice feedback system and improve the system withthe reflection.The paper is made of main points four most (except introduction andconclusion) to discuss about the matter of civil judicial identification system. Chapter1,an overview of the civil judicial identification system. This chapter ismainly introduces the basic theory of civil judicial identification system. Firstly thechapter made a strict definition about the concept of judicial authentication fromtheory and legislation and then analyzed the judicial identification of basic principles,basic properties, attributes. Furthermore extend to the concept and characteristics ofcivil judicial appraisal to make sure the research scope of articles.Chapter2,China’s civil judicial identification system. Make an investigationthrough the Form of civil judicial identification system in our country legislation andlegislative statusIn terms of legislation present situation, taking the new civil procedural law asthe breakthrough point, made a comparative analysis with the old and new civilprocedural law provisions on judicial authentication, and investigate and tide up thecivil procedural law.Chapter3, the revelations of the outside civil judicial identification system.Through the Initiator, expert witnesses the identification of legal status, responsibilitymechanism, a conclusion of cross-examination and certification of the Anglo-American law system and continental law system countries from five legislative casesare summarized, and finally on the basis of summarizing the characteristics,comparative analysis to find out the defects of civil judicial identification system inChina and draw lessons from them.Chapter4, the perfection of China’s civil judicial identification system. In thischapter, the author through the above a few chapters of the old and new hair ofextraterritorial law of comparison analysis and comparative analysis from thesurveyor and the selection of the litigation position of expert witnesses, expertwitnesses to appear in court cross-examination mechanism and relevant operationmechanism, etc, and put forward suggestions and ideas to improve, laying thefoundation for building scientific civil judicial identification system.