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Research On The Judicial Appraisal System Reform Of The Public Security Organ

Posted on:2017-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:H JiangFull Text:PDF
GTID:2296330482964471Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Long-term since, our country the judicial appraisal system with distinct features of the planned economy system, presents the appraisal institutions chaos, fragmented, appraiser qualification management chaos, long identification, repeat of the situation of conflict of the public security organ of our country judicial identification of scientific and authoritative a serious negative impact, hindered our country lawsuit activity smoothly. The standing committee of the National People’s Congress in 2005 "the decision of the management of judicial authentication", has been clear about the judicial authentication work appraisal institutions, appraisal procedure, expert witnesses and expert witnesses legal responsibility and so on the most fundamental, most the core problem, puts forward the unified judicial appraisal management system, the principles, and establishing the judicial authentication institutions reflects the goals and direction of modern judicial authentication system, the modern concept of rule of law embodies the pursuit of justice. However, due to the historical influence of traditional Chinese political structure, the role of the theoretical knowledge and other factors, in the process of promote the reform of the judicial appraisal system still have some legal obstacles, the reform of the judicial identification system.In view of this, based on the shortcomings existing in the current judicial qualification system in our country as a starting point, by the method of literature reading, reform of the judicial appraisal system of literature at home and abroad, in the judicial authentication and the judicial appraisal system, on the basis of the current situation of the public security organ of the judicial appraisal system of our country and to conduct a comprehensive analysis of existing problems, with different law countries, the essay discusses the judicial appraisal system, in reference to two big law countries of the judicial identification system model, based on the current judicial system in our country reality, this paper puts forward the ideas of the public security organs of the judicial appraisal system reform, build a unified classification of the judicial identification system, to establish a neutral judicial authentication institutions, the establishment and reform of the judicial identification of form a complete set of the judicial system reform measures, improve the judicial authentication institution accreditation system, strengthen the judicial appraisal personnel qualification management, perfect the judicial authentication procedures, to build with our current judicial system corresponds to the judicial authentication system, promote the healthy development of judicial authentication in China.The thesis mainly includes five parts. The first part puts forward the judicial appraisal system to the present situation of the building, this is the neutrality of this article, and the related literature review, lay theoretical basis for the theoretical overview below; Summary of the second part of the public security organ of the judicial identification system, mainly on the concept, characteristics, legal basis for judicial authentication, defining the concept of judicial authentication system, clear the specific content of the judicial appraisal system and the principle of judicial authentication system reform, this paper studies the theoretical basis of; The third part is the present situation of the public security organ of the judicial identification system, mainly for the public security organs of the judicial appraisal system historical evolution, analysis of the "decision" before the public security organs of the judicial identification system, affirmed the "decision" after the improvement of the public security organs of the judicial identification system, and points out the existing problems in the public security organs of the judicial appraisal system in China is still not fully formed unified judicial appraisal management system, identification of specific requirements, technical standard lack of operability, needs to improve judicial authentication procedures, and the deep reason of present judicial identification system related issues. The fourth part from the qualification of judicial authentication institutions, expert witnesses, judicial authentication to start the procedure of two big law countries of the judicial appraisal system is analyzed, provide the beneficial enlightenment to the judicial appraisal system reform in China. The fifth part is the public security organ of the judicial appraisal system reforms, mainly to build a unified classification of the judicial identification system, to establish a neutral judicial authentication institutions, the establishment and refomi of the judicial identification of form a complete set of the judicial system reform measures, improve the judicial authentication institution accreditation system, strengthen the judicial appraisal personnel qualification management, perfect the judicial authentication procedures.In this paper, the public security organ of the judicial appraisal system reform ideas, trying to eradicate the shortcomings existing in the current judicial qualification system in our country, for our country judicial authentication system for a long time, find a scientific way to sustainable development, make the judicial appraisal and the common progress of the construction of legal system in our country.
Keywords/Search Tags:The public security organ, The judicial appraisal system, reform
PDF Full Text Request
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