The Research Of China’s Judicial Expertise Assistance System

The socialism government by law society,"everyone afford a lawsuit" is one of thebasic systems of advantage, but at this stage, the realization of this goal needs to. Injudicial practice, part of the vulnerable population, the special effects by the possession ofsocial resources factors such as weak and the subjective and objective conditions, thepeople’s legitimate rights and interests have been infringed, unable or difficult to obtainjudicial relief to safeguard their rights, including judicial identification link. With respectto legal aid lawyers as the main body of this relatively more mature relief system,identification of judicial assistance from system to system is still in its infancy, can notadapt to the needs of society, become the short board of China’s legal aid system.Therefore it is necessary to establish a set of suitable for nationwide scientific, unified,complete the legal system of identification of judicial assistance, equal protection of therights of every member of the society, truly embodies the socialist country under the ruleof law should be the institutional advantages and the "legislation for the public, justice forthe people" of the legal concept.In this paper, under the current legal system on the basis of using the method oftheoretical analysis and analyzing and comparing the existing local judicial aid systembased on this method, and by exploring different local specification file system, apositioning of aid of judicial expertise procedure, different provisions on the supervisionand feedback as well as the source of funds and the compensation and other aspects,analysis the advantages and disadvantages of all rules. How to carry on the localization ofaid of judicial expertise from the theory of macro level, how rational assessment ofChina’s current administrative region in the identification of judicial assistance in theimplementation process of the problems and defects existing in the present throughout thejudicial assistance, from a theoretical point of view, how to design the legislationeffectively to construct the judicial aid system is the research focus this paper. Besides, ahand by using the data of the author visited part of judicial authentication institution ofjudicial aid implementation, puts forward the judicial appraisal subject, delimit, by aidobject implementation procedure of judicial expertise operating rules and judicial aidfunds support and subsidies and other aspects of the proposal. Besides the introduction, isdivided into three chapters.The first chapter mainly discusses the basic theory of text of aid of judicial expertise system. Any institution is the basic theory of its existence and development as theoperating system support and skeleton, the relationship between this part will analysisidentification of judicial assistance and legal aid for the beginning of two, and based onthe operation practice of aid of judicial expertise concept, based on the system of aid ofjudicial expertise in on attempts to put forward their own point of view, for criticism. Inthis chapter will be discussed problem characteristics, identification of judicial assistanceand the value system of aid of judicial expertise system and positioning.The second chapter mainly aims at our country current judicial aid system existingproblem of theory and practice are analyzed and discussed. Including the subject, object,content of aid of judicial expertise and the startup procedure, supervision, through theanalysis and discussion, the main problem is to clear, to lay the foundation for theresearch and development of aid of judicial expertise system.The third chapter of this thesis will first analyze the existing local judicial assistance,and one by one analysis, combined with the above discussion, the author tries to putforward the thought to reconstruct the system more reasonable, and stated reason.Location related discussion relates to the identification of judicial assistance system in thecurrent legal framework and integration with the current legal system, including thesystem internal elements analysis and the allocation of rights and obligations. Of course,design, operation procedures, improve the supervision mechanism of the sources of fundsand subsidy mechanisms and other technical factors have discussed also in the discussion.