An Empirical Research On Termination Of The Authentication

In the background of the rule of law and centered on trial,inevitably,optimizing judicial authentication procedure to improve the quality and credibility of authentication continuously is required.According to the "Some issues about the judicial authentication management decision " promulgate by the Standing Committee of the National People's Congress in 2005 and need of judicial authentication,the judicial authentication institution is given the right of terminating authentication activities when judicial authentication activities can not go on because of the changes in the authentication condition or objectivity,accuracy and legitimate of judicial expertise are not guaranteed.The judicial administrative department promulgated and implemented "The general principles of the judicial authentication procedure"(hereafter called "The general principles of the judicial authentication procedure(2016)")on May 1,2016,optimized termination of the authentication procedure.The new termination of the authentication procedure will avoid judicial authentication institutions misusing termination of the authentication right to evade legal responsibilities,what's more,it is beneficial to the stability of litigation proceedings,the improvement of authentication efficiency and the prevention of judicial authentication risk.However,the lax acceptance and judgment of authentication,the abuse of termination of the authentication right,the irrational authentication complaints,the troublesome authentication and so on are still plenty of termination of the authentication in the judicial practice,leading to the existence of disharmonious factors in the judicial authentication and hindering the realization of the value of termination of the authentication.For the judicial authentication institution,in order to hold and exercise termination of the authentication right correctly,and guarantee the objectivity and reality of judicial authentication,the article analyzes the applicable subject,applicable situation,applicable procedure when the judicial authentication institution is exercising authentication right,and analyzes the rehabilitation procedure after termination,meanwhile,aiming-at these problems,relevant countermeasures are put forward from the aspect of establishing and improving the communication and double auditing system,determining the risk of judicial authentication,the remedies for clients after termination of the authentication,so as to optimize termination of the authentication process,improve the quality and credibility of the authentication.There are four parts in the article:The first part is a summary of termination of the authentication,firstly,the current situation and the problems of termination of the authentication are present,laying foundations for the following discussion.In the first section,the problems of the authentication complaints and the troublesome authentication in the judicial authentication practice are discussed,indicating that termination of the authentication procedure is not effectively used in the judicial authentication procedure,and it does not play its due value.In the second section,the problems of termination of the authentication are explained from the aspect of the lax acceptance and judgment of authentication,the abuse of termination of the authentication right and the haphazard termination of the authentication procedure.The second part is comparison and analysis of termination of the authentication,the first section compares the old and the new judicial authentication procedure,the second section compared “The general principles of the judicial authentication procedure(2016)” with regulations of the provinces on judicial authentication.According to the horizontal and vertical comparison,we know that termination of the authentication procedure is optimized constantly,however,the regulations of time limit and aftermath for termination of the authentication are still inadequate,it is practical to learn from the advanced methods in regulations of the provinces on judicial authentication,so as to perfect the provisions of termination of the authentication in the principles.The third part is application of termination of the authentication,the first and the second section analyzes the application situation and application procedure of termination of the authentication using theory of case study,in order to find out the problems of termination of the authentication existing in judicial practice.The fourth chapter is about the countermeasures to perfect our country's termination of the authentication.According to analyzing the problems about the theory and practice of termination of the authentication,finally,the author puts forward some countermeasures from the aspects of the establishment of double auditing system,the determination of judicial authentication risk,and the specification of termination of the authentication procedure,so as to perfect termination of the authentication and play its due value.