On The Perfection Of The Management System Of Judicial Expertise In China

Since the decision of the Standing Committee of the National People's Congress on the administration of judicial authentication in 2005(hereinafter referred to as<Decision>),after more than 10 years of judicial authentication management system reform,currently in the field of judicial authentication,the configuration of the judicial expertise management rights is still reflected in the surface of the main body of the management of the judicial administrative departments,and the real master of management is actually the other relevant departments,to exercise their management rights in the respective terms of reference.The party's eighteen Fourth Plenary Session of the "sound of judicial expertise management system" is clearly part of "building a complete legal service system",therefore,at this stage," perfecting the management system of judicial expertise " is an inevitable trend of the development of the rule of law in China.In this paper,we first clarify the concept of judicial expertise,clear judicial expertise has relevance,objectivity,scientific,legitimacy,and independence of the five characteristics.Under the background of the controversy about the nature of the judicial authentication institutions,the public interest theory and the agency theory,this paper argues that,the judicial authentication institution should belong to the nonprofit public welfare corporation.The evolution of the management system of judicial expertise in China after functional department management to mixed management stage to march towards a unified management.At present,the industry level of development is far below the social expectation,and that exists the contradiction between the classification management and the unity of the scientific and technological level,the game of justice and efficiency,the contradiction between the simple concept of justice and the cognitive law of the identification of the parties,the contradiction between the implementation of authentication and the factual judgment system.About China's current judicial appraisal management system,there are still many problems,such as departmentalization of judicial appraisal management system,including the investigation organ " identification by the investigated " and the judicial organs exercise the "two management right",the procurator department "create a system of their own ",the ministry of national security system "double management";the lack of supervision of the social appraisal institutions,including the lack of effective supervision of identification activities,the weak supervision of the regulatory authorities,the handling of the lack of identification of complaints,identification of training and education is not in place;judicial identification management legislation is not perfect,including the central legislative level,scattered form and crude content;in local level legislative,there have a breakthrough to the "decision",including judicial authentication management organization,the subject of judicial expertise,registration and access of judicial expertise,the establishment of appraisal committee.In the management mode of the foreign national identification organization,including centralized,decentralized,multiple type or mixed type for comparison,we have important revelation:centralized management is the trend of the times,the industry association in the management of the judicial identification has played an active role.In improving the basic content of the judicial authentication management system,first of all,to enrich the administrative management,after the reference and reflection on the mode of anti monopoly right,put forward setting up the "judicial appraisal committee " to promote the judicial authentication law in the legislative process,to resolve the conflict between different departments in the power,to build a scientific appraisal system,to form the final opinion on the basis of full communication,to solve the related problems effectively.Sound institutional settings,including the optimization of the structure of the layout,to promote the identification of institutions to high,sharp,fine upgrade,refine the qualification examination and approval conditions.Reform of the department of management system,such as the implementation of the "registration"system,the separation of the criminal investigation department and the identification department,the authority of the statutory and classification management.Secondly,strengthening industry management,clear the importance and function of industry association,for example,to promote the upgrading of industry of its own,to provide technical support for the administrative management,to assist the judicial administrative departments to supervise the management,to promote the development of technical specifications in the industry.After a clear understanding of the problems of the development of the judicial authentication industry associations,such as the traditional guild lost,shortcomings of the absence of legislation,put forward proposals to improve the management of the judicial authentication industry,such as the sound industry association's organizations,clear industry association's basic responsibilities and division of labor.Finally,perfecting relevant legislation and pushing on the early introduction of the judicial identification method;perfecting the legal responsibility of judicial identification,comprehensive and standardized identification of civil,administrative and even criminal responsibility.