Judicial Appraisal System Research

The development of each system has its own evolution,the system of judicial identification is no exception.From the view of judicial authentication system in the world,without exception,the identification system has experienced the development process from coarse to fine.From the system development,the system of judicial identification is always accompanied by the development of the lawsuit system and development.For example < twelve tables >>,< code of Justinian of all the provisions of the judicial identification system,while China's feudal code top < Tanglushuyi > is the provisions of the judicial identification system in detail,such as "the assurance system".To close to the modern,due to the rapid development of science and technology,the system of judicial identification out of the Middle AgesSince the plane inspection rules,the development of three-dimensional inspection rules,which had to be said to bring a qualitative change in the judicial identification.From the point of view of the judicial identification system of the two legal systems in the world.The development pattern of continental law system,highlighting the inquisitorial features.In the process of judicial identification of the continental law system,mostly to the judicial organs as the main body of starting the judicial identification.The utility model has the advantages of our method judges start identification,to ensure the neutrality of judicial identification according to expert opinion,the judges and magistrates,protect the legitimate rights and interests of the parties.In common law countries,reflects the characteristics of the parties.The start of judicial appraisal by the parties on the subject of Anglo American law system of judicial expertise as an expert witness,the expert witness hired by the parties themselves,fullyStart with a strong evidence against the model to help judges understand the professional knowledge itself outside,to make legal judgment.But the two system has its irrationality.Unreasonable civil law is that judicial identification can only be initiated by the main trial,the parties fail to start,this will lead to distrust of the parties expert opinion.Judge the expert opinion over reliance of appraiser,and judge according to the expert opinion of experts,sometimes ignore the objective reasons.Perverted the law in the common law countries,due to take the start of judicial appraisal mode of the parties,in some cases,the parties will use expertThe delay of litigation,achieve the abuse of litigious right.Therefore,in the current,two judicial identification system in the integration.In the traditional civil law countries,such as Japan has established the identification system of the identification of people with specialized knowledge of the unity and relative to our country,at present,the identification of people with the expert assistant has established the system of litigation,but also learn the two legal factors.At present,China has established the identification procedure,and expert assisted system is considered as the core of the judicial identification system.The advantages of two systems that can better serve the client and protect the legitimate litigant to realize that every citizen believe the law,abide by the law.However,there are still some deficiencies in the current system: one is the identification procedure.Two is the repeated identification problem has plagued the judicial organ.The three is to review the expert opinion is not strong.Four is the error identification of accountability mechanism is not perfect.This article through the study of the judicial identification of the evolution of the law,the law of contrast,the problems and solutions,to improve the judicial identification system,to seek scientific methods to solve the problem of judicial identification process.