The Research Of The System Of The Judicial Authenticator Appearing In Court As A Witness In China

As an important part of the judicial authentication system,the system of the judicial authenticator appearing in court as a witness is expressly provided in the three major procedural laws,including Administrative Litigation Law,Civil Procedure Law,Criminal Procedure Law.It is not only the essential requirement of expert opinion being cross-examined at court,but also the guarantee for the litigant lawsuit right for Judicial authenticators to appear at court.This provision has been regarded as a big progress in the field of procedural law in China,but at present,the involved legislation is still not perfect and its judicial practice is still not standardized,causing many problems in the practice of the system,so more efforts are needed to make improvement.On the one hand,the author,in her practice,makes an investigation to the present situation of judicial authenticator appearing in court in China and finds that the frequency of judicial authenticators appearing at court is low and the action becomes formalistic,which exists a big gap from the original intention of the legislation of the system.On the other hand,with the exploration and evaluation of the system of expert witness appearing at court under Anglo-American law system and the authenticator appearing at court as a witness under continental law system,the author puts forward measures to improve the system,with the combination of her own practice experience in the field of legal authentication.The thesis consists of 4 parts,in addition to the introduction and conclusion,with a total of about 30000 words.Part one deals with the overview of the system of judicial authenticators appearing at court.In this part,the system is mapped out,the involved concepts and theories are clarified and the necessity of the judicial authenticators appearing at court in China is analyzed.Part two covers the current situation of the judicial authenticators appearing at court in China and its cause analysis.It includes the opinions from the academic circle about this issue and the author's evaluation of these opinions.The author attributes the problems arose in the practice of judicial authentication in China,to the imperfection of judicial authentication legislation and inadequacy of the support mechanism.In part three,the exploration and evaluation of the system of the judicial authenticators appearing at court in other countries are provided.In the respects of the selection of judicial authenticators,the rule design of cross examination procedure,the protection of the right of the judicial authenticator appearing at court and the commitment of responsibility of the judicial authenticator not appearing at court and the safety and economic compensation of the judicial authenticator,to make the investigation and evaluation to the systems of expert witness and judicial authenticator appearing at court in the two law systems,in hopes of obtaining meaningful reference in improving the system of judicial authenticators appearing at court in China.Part four provides some measures to improve the system of judicial authenticators appearing at court in China.As a key part of the thesis,this part,based on the analyses of the current situation of the practice of the judicial authenticator appearing at court in China and some problems arose,the condition by which the litigant can ask for the judicial authenticator to appear at court and the standard by which the judge makes the examination of the litigant asking for judicial authenticators to appear at court are illustrated,and the scope in which the judicial authenticators must appear at court and the responsibility which the judicial authenticators should assume because of the failure to appear at court and the related punishment measures are provided;at the level of practice,the thesis points out that the examination rights of the judicial authenticator should be guaranteed,and the support systems of the judicial authentication should be approved,including the system of professional assistants,the qualification training of judicial authenticators appearing at court and the evaluation system of judicial authenticators appearing at court.