Study On Judicial Expert System In China

With the development of society, the progress of science and technology, new types of cases are constantly emerging. And the judge is the guardian of the law, to the professional technical knowledge of the far less than the industry experts. By the principle of "refuse referee" constraintson the prosecution to the court, the judge must make a deal. Therefore, with the help of "professional analysis of industry experts" to determine the case became a judge rule processing in such cases. "Industry experts" called "expert witness" in the Anglo American countries, the analysis of its issued by the professional is called "expert opinions"; in China "industry experts" known as "judicial appraiser", issued by the analysis of the professional in 2012 used to be known as the "conclusions"; after 2012, with the "the civil procedure law" revision "conclusions" is amended as "expert opinion". Introduced in January 4, 2015, has been called the most Books are numerous. history "the Supreme People’s Court on the application of the" PRC Civil Procedure Law "judicial interpretation", the judicial authenticators also provides three more(121st to 123), which shows that the judicial authenticators gradually known and accepted, play an increasingly important role in judicial practice.This paper mainly in the starting from the present situation of judicial appraiser.By using the method of comparative analysis, comparative analysis of the judicial authentication system in Anglo American countries "expert witness" system and our insight into existence; judicial appraisal in our country people’s problems, and put forward the corresponding countermeasures, in order to improve the judicial appraiser system in china. For the realization of "let the people in each judicial cases all feel justice" do what little one can to help to achieve the goal of justice; judicial authority with the power of the micro-blog.The first part, an overview of judicial appraiser. Comparison of this partmainly introduces the status quo of China’s judicial appraiser and related system.From the current situation of judicial authenticators, comparative analysis of judicial appraiser system in Chinese civil procedure law and other related or similar system such as: comparison of witness system, expert assisted system, the inherent characteristics of judicial appraisers, emphasizes the importance of judicial system and the generation of undesirable;The second part, the comparison of judicial appraiser system in China and Anglo American countries the expert witness system. From the inside out, this part of the focus is the comparative analysis of "judicial appraiser" and "expert witness" the many different. The expert witness in Anglo American countries has its inherent advantages, but it is based on "the litigant lawsuit mode" and " cross examination". Be misfits present judicial situation in its long litigation cycle and in china. The refore,the judicial situation and judicial status of China’s decision could not be "transplanted" Anglo American countries "expert witness" system in our country, and must go with Chinese characteristics of "judicial appraiser system".The third part, existing in China’s judicial authenticators problem.Comprehensive use of comparative analysis method, historical research method,practice analysis method, the analysis of problems in China’s judicial appraiser from judicial appraiser regulatory powers and responsibilities, and other many aspects.Found that China’s judicial authenticator is not perfect in laws and regulations;appraiser registered identity diversity, overlap; need to cater to the market, the judicial authenticators often plain code marks a price; to quell the mood, often made with the facts of the case does not match the compromise in repeat identification;identification of people does not appear phenomenon has not been effectively improved; judicial identification responsibility the lack of people’s things; in judicial practice and substantive identification form identification often phase separation;judicial authenticators for others, issued by the conclusions of the opinions of the plunder of the jurisdiction and so on; many problems seriously affect the judges toascertain the facts, undermining judicial fairness, justice and authority.The fourth part, perfect the judicial appraiser system in china. After effective argumentation and analysis in many problems of judicial authenticators, the concrete analysis of concrete problems, be arranged, one by one expansion, an antidote against the disease. Starting from the judicial appraiser qualification, improve the judicial authenticator access standards; to adapt to the development of science and technology,the judicial authenticators need timely updates on their professional knowledge,therefore, is quite necessary to establish judicial appraiser training system;the protection of the rights of judicial appraisers, improve the enthusiasm and justice identification requirements; judicial authenticators to fulfill its obligations, to ensure that the characteristics of evidence judicial authentication opinions effectively maintain; perfect the mechanism of civil judicial appraiser liability, right,responsibility for implementing the unified judicial authenticators; increase of judicial expert supervision, to ensure the judicial authentication opinions lay a foundation in the cognizance of the case better in.