Study On The Problems And Countermeasures Of Solving Problems

In practice,the expert opinion plays an increasingly important role.The expert opinion is a kind of scientific evidence,compared with other forms of evidence has higher reliability and probative force.However,as a kind of verbal evidence,expert opinion due to various subjective and objective factors which is subjective.So,a in terms of expert opinion in the past has been regarded as the"king of evidence" is favored,even now,still has some influence on the court by this idea;on the other hand,because of the judicial reform and the law awareness,the court cross examination of expert opinion for the increasingly stringent requirements but,in Strict test appraisal opinions of some cases and failed to withstand the court cross examination.This reflects the quality of uneven in quality appraisal opinions,also let more people to evidence and proof of the expert opinion of the question,"multiple identification","repeated identification","repeated identification" emerging issues,identification the comments from the former "king of evidence" gradually become "non king".In many cases related to the identification,not satisfied with the expert opinion of the party is always trying to find the expert opinion of the "wrong",once found the shortcomings of expert opinion to apply for re identification "or" supplementary identification"even if can not find the identification.The views of the "wrong" will find another authentication institution on the same issue of identification,until the identification of their satisfaction with the results so far,and in order to question the expert opinion of the original.Even more,not as unconventional,when the expert opinion appears to make their own are not satisfied with the results when the chaos of complaints,even directly to identify institutions "downtown Kam",feel chaotic complaints and "downtown Kam" the lowest cost.The reason why there will be trouble in judicial proceedings and disrupt the normal phenomenon,because both the forensic institutions and experts themselves,also have trouble in court,reason of judicial administrative organs and the local government,the more important reason is that the legal system is not perfect,to the generation of space.The downtown Kam "although the phenomenon of downtown Kam is a kind of" new biology ",but brings harm to the judicial identification and judicial proceedings should not be underestimated.In fairness,trouble will not only affect the impartiality of expert opinion,will induce more people deviate from the normal legal rights program and rely on the " trouble " to solve the disputes.At the same time,downtown Kam it is easy to become a serious security incidents,.Response to social harmony and stability,therefore,we must perfect the judicial dispute resolution mechanism,formulate reasonable countermeasures according to the problems in the construction of judicial identification of downtown,harmonious environment,safeguard the legitimate rights and interests of identification,restore the credibility of forensic identification.This paper is divided into four parts:The first part is from concept,economy,system and judicial environment four aspects to analyze the reason of trouble in the phenomenon.In the concept:first,a series of hit the social trust mechanism of event triggered a crisis of confidence in the society;secondly,some weak concept of the impact of the rule of law consciousness of people,accustomed to the crying to attract onlookers,you look for people's sympathy and compassion,win moral support;moreover,some people do not believe in the law,that the right ratio method,love failing directly to the government ";in addition,many people mistakenly believe that the expert opinion is the judge on the basis of using the law of protection of party identification weak,Try to make reference to withdraw force identification identification book or refund appraisal fees,in order to achieve a fundamental solution or reduce economic losses.There are two reasons for personal purpose in the economy: one is the expert opinion has a direct effect on the result of the trial,is directly related to the behavior of the litigation interests;two is in downtown without paying identification court fees.The system aspect reason mainly lies in the mechanism of resolving social disputes and social relief,imperfect security system is not perfect.The judicial environment mainly lies in: firstly,in cases involving an increase in the number of people,the number of mature identification problems;secondly,the judge of the expert opinion of filtering and adoption capacity needs to be improved;and Who understand and master the identification standard on uneven,caused by repeated identification of common phenomenon;finally,rampant social identification organization,expert opinion quality uneven in quality.The second part of the chaos complaints,a simple analysis on therelationship between downtown and in judicial identification disputes.Analysis of the difference and connection between the two,and make clear the judicial identification of their disputes in scope,to avoid the confusion between the two concepts.Some adverse effects of the third part mainly discusses the chaotic behavior in complaints and trouble,mainly analyzes from four aspects: first,chaos complaints and downtown Kam will corrupt social values,easy to form in the identification of areas of "not have","no trouble will lose the legal consciousness of social unwholesome tendencies,weak people;secondly,in downtown forensic institutions and experts will interfere with the normal work order;furthermore,the behavior of people in trouble not only reduces the efficiency of litigation,the judicial justice will influence;finally,chaos is a kind of discrimination complaints and make trampling on the dignity of law is law,explore and improve the restriction mechanism on behavior and solve the trouble in the countermeasures is very necessary.Some of the adverse effects of the fourth part of the article mainly discusses the discrimination behavior brought trouble,mainly analyzes from four aspects:first,make learning will corrupt social values,easy to form in the identification of areas of "not have","no trouble will lose the legal consciousness of social public unwholesome tendencies,desalination;secondly,downtown Kam interference identification mechanism and identification of normal working order;furthermore,the behavior of people in trouble not only reduces the efficiency of litigation,the judicial justice will influence;finally,make a wrongful behavior learning is trampling on the dignity of the law,to explore and improve the control mechanism for the downtown bank and countermeasures is very necessary.The fourth part is about the trouble in problem analysis,combined with China's judicial practice,puts forward relevant countermeasures to solve the trouble learning problems: one is to strengthen publicity and education,improve people's legal consciousness and legal literacy;the two is to make the problem in the improvement of legislation,strict law enforcement,improve the social dispute resolution mechanism and the social security relief system;three is the judicial administrative organs should actively respond to the problems facing the trouble in four;identification of bodies and identification,authentication institution shall,in strict accordance with the appraisal and management requirements,theintroduction of identification and identification of the equipment in strict accordance with the standards,to ensure the high quality of expert opinion;the five is in the public security machine And lawyers,public security organs should actively adjust treatment after receiving forensic institutions and experts warning,violate the regulations on administrative penalties for public security in accordance with the law,violate the criminal law shall be prosecuted for criminal responsibility according to law;lawyers should also actively guide the parties,prohibit improper incitement to the induction.