On Modification And Perfection Of Forensic Start The Program

Starting procedure of judicial expertise plays an important role in safeguarding proceduraljustice to endure substantive justice. For a long time, the system of judicial expertise wasunscrutinised in our country. So, Judicial expertise leads to a large number of problems in practice.There are many modification in new civil procedure law, but there is no modification in newcriminal procedure law. Perfecting the system of Starting procedure of judicial expertise ismeaningful to construct the scientific proceeding system, protect the parties’ rights, keep thejustice fairness and promote the harmony and stable society. This paper was mainly divided intofive parts:Chapter one pointed out the thought on real problems of judicial expertise and clarify thequestion of the research.Chapter two explained the concept and the function of Starting procedure of judicial expertise.This chapter mainly clarified connotation, denotation and the characteristic of the concept ofjudicial expertise. Further, Delimiting the content of the judicial expertise and the meaning ofStarting procedure of judicial expertise. And Clearing out the function of Starting procedure ofjudicial expertise is to keep procedural justice, discovery the reality and achieve substantialjustice.In Chapter three, author carried on the comparative study in Starting procedure of judicialexpertise. Comparative the two different system: the starting procedure of entrusted by the partiesin Common Law system, especially in British and America, and the starting procedure of entrustedby the judge in Civil law system, especially in Germany, French and Russia. Analyse theadvantages of the two systems and point out the idea and scheme what we use reference for.In Chapter four, author analyse the modification of the new criminal procedure law and newcivil procedure law of our country. Pointing out the deficiencies of the system design, such as,inconformity with the idea of the equality between Prosecution and Advocacy. Functionaldepartment monopolized the Starting procedure of judicial expertise and this leaded to justiceunfairness easily. And the litigious right of the parties was deprived. At the same time, Clarified headvantages of the new civil procedure law and pointed out the problems which was derived from the rule was too of principle.In the last chapter, author pointed out the suggestion on how to perfect the Starting procedure ofjudicial expertise from both criminal proceeding and civil proceeding. From the point of thecriminal proceeding, author analyzed the limitations and feasibility of the starting procedure ofentrusted by the parties and the starting procedure of entrusted by the judge firstly. And suggestedthat explicated the condition of the starting procedure of criminal judicial expertise. And accordingto the principle of “functional departments started and the parties taked active in”, Perfecting thestarting procedure of criminal public prosecution cases. Keep the right of investigationorganization, prosecution and court to start the justice expertise procedure. While Making clear theobligation to inform and hear the parties’ advices and some others obligations, such as keep thematerials. Making sure that the protection of parties’ right to know, to object and to suggest andthe right to petition on starting procedure of justice expertise, to supervise and to recovery in somespecial circumstances. Author advised that, according to the model “primary the parties’ startingand the second the court starting”, perfecting starting procedure of justice expertise of the privateprosecution cases. On the side of the civil proceeding, author suggested that perfecting thesupporting systems of the Starting procedure of judicial expertise, such as, the way of thenegotiation of the parties, the conditions of the starting procedure by court, and the right to reviewof the court on parties’ starting procedure, etc. And suggesting that clarifying the prosecution’supervise on starting procedure.