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The Research Of Judicial Appraisal System

Posted on:2016-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:W SunFull Text:PDF
GTID:2296330482465398Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Due to various factors in history and reality, in the current judicial appraisal system in our country has exposed more and more problems in the work. Therefore, adjustment and improvement of judicial authentication system, is the need to establish the country under the rule of law in our country, is the lawsuit legal system construction in the field of an important and urgent task. Based on the empirical study is given priority to, combined with relevant theory, mainly in weihai city as research object, to carry out the judicial authentication work practice to the judicial administrative departments to carry out the judicial authentication management practice as the starting point, through widely collected data, through discussion, investigation, statistical analysis, in-depth analysis and research in the practice of judicial authentication work difficulties, problems and deficiencies, and analysis the reason, and expanding and big, put forward suggestion to perfect our judicial identification system, to draw lessons from.The earliest written records of judicial appraisal in our country began in the zhou dynasty, the earliest judicial authentication related to criminal cases, with the development of history, the judicial authentication from the content to the technology has the larger development. After the founding of new China, in "left-leaning" wrong ideas, under the influence of judicial authentication, once destroyed, right after the third plenary session of the judicial authentication in China. In 2005, the standing committee of the National People’s Congress enacted the "decision of the management of judicial authentication", preliminary formed the unified management of judicial authentication system in our country."Decision" the implementation of ten years, our country’s judicial authentication enterprise, great progress has been made at the same time, also exposed some problems. One is the legislation lags behind, unable to meet the current needs. Currently only the "decision" a legal documents, the rest is the ministerial rules and regulatory documents, the lack of a nationwide unified judicial authentication legislation; 2 it is legal authority of the judicial administrative department of the unified management of judicial authentication, but in practice due to department struggle for power and interest of unified management system has not been substantial build; Three is due to different appraisal category threshold level and the judicial administrative department of the regulation and the top-level system design appeared deviation, lead to uneven regional development appraisal organization overall development is not balanced; Four is the private capital, commercialization, pursuit of immediate interests, unfair justice, lead to repeat identification, false identification, complaints, complaint proportion continue to rise, the judicial appraisal industry credibility by unprecedented challenges.In the repeated research, refer to theoretical works, in-depth on the basis of statistical analysis, put forward Suggestions for the improvement of judicial authentication system in China. This exploration is to speed up the legislative process, setting up the management system of the "real" in the sense of unity, by the judicial administration department of the judicial authentication in the true sense of unified management, formulate the judicial identification method, and formulate the relevant supporting system, promoting suitable enterprise technical standards, promote the judicial authentication institutions to strengthen the professional qualifications, to carry out the aptitude and ability verification; Second, perfect the judicial authentication procedures, and improve the mechanism of start, from the source to solve "repeat identification", "identification" for many times, to promote the judicial expert witnesses to testify, solve the problem of identification of core, accelerate the implementation of expert auxiliary system; Three is to strengthen the judicial appraisal practice regulation, the judicial administrative department to implement for the practice of judicial authentication institutions and judicial appraiser supervision, establish judicial authentication association, to supervise the illegal activities of judicial authentication.
Keywords/Search Tags:Judicial authentication, Expert opinion, Repeat identification
PDF Full Text Request
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