Thoughts On Improving The Power To Initiate Judicial Appraisal

The judicial expertise is one of the most important links in the legal procedure, even in some degree on judicial activities play a decisive role. Judicial expertise is a important topic in present Chinese judicial system reform and also the key point in academic research and legislative work. Among the issues in criminal judicial expertise, initiation is a valuable part for research. Initiation is the starting point for judicial expertise procedures, a utilizing of expertise right, a coefficient results of criminal procedure concept, evidence system, expertise system and many other factors.View of this, this article’s starting point of research is based on the principle of criminal judicial expertise, basic contents and variation trend of major foreign countries’ judicial expertise initiation system and correct status of domestic judicial expertise initiation right. Foreign criminal judicial expertise initiations have different characters according to different litigation mode. General speaking, The mainland legal system authority doctrine litigant mode in the field of criminal expertise, the judge grasp the major power. The prosecution and the defense only have limited restricts and supervision to the judges, they don’t have actual right. In American and British legal system, the initiation in Party doctrine litigant mode focus on the party’s fully participation and confrontation, to improve the efficiency of litigation by the competition between parties. In this kind of system, both parties have expertise initiation right. However, this system also have flaws. In recent years, these two systems absorb inspiration from each other to reform their own flows in their own expertise initiation. These two legal systems have a mutual-absorbing and melting trend in judicial expertise initiation distribution. Our present criminal expertise initiation system follows the mode of the "Super Power" Soviet Union. This mode focuses on the judicial functions of authorities but weaken the participation rights of parties in expertise procedure. The initiation in our country is not very good. Such as "Qiu Xing Hua case","Huang Jing case","Yang Jia case"have problems in judicial expertise. Those cases expose the system of our country criminal judicial identification problem.In our country, the law and practice of the disjointed. Such as start right configuration and operation with investigative power.,the prosecution and the defense power asymmetry, Identification of authorization control by the judicial organ. Therefore, in order to solve these problems, The idea of optimizing our criminal judicial identification right system.To optimize our judicial expertise right should base on procedural justice, human rights just claims and other concepts. Follow the principle of legal initiation, fair judgment, balance between prosecution and the defense, efficient participation and lawsuit efficiency. To reform and reconstruct in the fields of configuration, supporting mechanism, supervising system and relief mechanism.