The Theory Of The Problems And Perfection Of Our Country’s Right To Startup The Judicial Expertise

The startup of judicial expertise is the beginning of judicial expertise. The right to startup the judicial expertise is related to the beginning of criminal judicial expertise and it is the most important part of judicial expertise procedure. However, the practice of our criminal action is influenced by the inquisitorial system, which causes problems like imbalance of the allocation of the right to startup the judicial expertise, the lack of litigants’ action rights and repeated expertise or multi-expertise. Therefore, to improve the allocation of the right to startup judicial expertise is a necessary way to improve our judicial system.The first chapter of the article explains the conception of judicial expertise and the contents, nature and characters of the right to startup the judicial expertise. The second chapter researches the mode of starting judicial expertise in several representative countries in each law system, analyses the reasons for differences and compares the allocation of the right to startup judicial expertise in each law system. The third chapter analyses the important problems in the allocation of the right to startup the judicial expertise in our country by researching the present situation of legislation, judicial practice of our criminal judicial expertise and actual cases. The forth chapter points out the idea to improve the allocation of the right to startup judicial expertise in our country based on the contents mentioned above.