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On The Reasons For The High Rate Of Reidentification In Civil Lawsuits And The Solutions

Posted on:2019-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z W JiangFull Text:PDF
GTID:2346330542986118Subject:Law
Abstract/Summary:PDF Full Text Request
The conclusion of judicial identification is one of the statutory rules of evidence in civil litigation,but because of the defect in system design,some of the parties on the same issue repeatedly request identification,in order to obtain beneficial identification conclusions,make long repeated identification become the norm.When the appraisal conclusion is contradictory,the judge is at a loss what to do,the protracted "appraisal war" leads to the delay of the litigation process,the increase of the cost,the fairness and authority of the trial.For judicial efficiency and justice,judicial expertise's application and resolution of current situation come to the focus and critical concern of the society.In the system of judicial identification and re identification is effective way to test and correct identification conclusions,but due to lack of judicial authentication system in China and legislation,re identification not only did not play its due function,has become the influence of justice and efficiency of the disease.In the shortcoming unfoldingidentification the identification system,the parties in the case of arbitrary proposed re identification and the court to review the application form is becoming increasingly prominent,the judicial identification of "mirror" is not "set" chaos has made judicial credibility,resulting in the implementation of protracted cases affect the efficiency of the litigation.The high rate of re identification in civil proceedings is a prominent problem in the current judicial practice.It can be said to be the concentrated expression of many malpractices in the current judicial expertise system.The resulting litigation cycle is long,the conflicts between the headlight problem has become a major problem of the judicial system in China,its harm is great.This article studies the present situation of the high rate of re identification in civil proceedings,and discusses the reasons for the high rate of re identification and the solutions.The author rationally analyzes the emergence of this phenomenon and explores ways to reduce the high rate of re identification in civil proceedings.The phenomenon of re identification is frequent in the three procedural law,especially in civil litigation,which brings a lot of adverse effects to litigation activities.In the process of litigation,many authentication institutions involved,and between the various appraisal institutions each one sticks to his own viewpoint,to each other,the appraisal conclusion content conflict is serious,the judge at a loss,time-consuming,high cost,closed very slowly,the parties become unbearable weight,resulting in a serious waste of judicial resources.
Keywords/Search Tags:Re identification, civil procedure, solution, lawsuit cycle
PDF Full Text Request
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