Research On The Practice Of Civil Judicial Identification System In China

At present,litigation system reform from the trial centered point of view,its major content is to reforming expert testimony.However,cases related to disagreements on judicial appraisal are staying at a high level in juridical practice;in addition,appeals and contradictions resulted to higher authorities for help concerning procurator agency are also rising.This paper starts from a case of civil prosecutorial supervision taken place in XXX Province,taking the view of expert testimony in civil action,and reviews the three legal problems reflected from judicial authentication in Chinese civil action:1.Low attendance for judicial appraisers appearing in court as witnesses;2.Incomplete quality control system for civil judicial identification;3.As for civil prosecutorial supervision,ineffective function of legal supervision for procuratorial organs.Aiming at the aforementioned three problems,objective reviews were taken on legislation status of judicial authentication in civil action.The comparison was made for the General Principles of Judicial Appraisal Procedure applied in May,2016 and analysis was made for Opinions on Establishing Communication and Coordination Mechanism for Judicial Appraisal Management conducted in October,2016.The paper proves that the three problems were yet to be solved in the newly-edited laws and regulations in both legislative and judicial sources with the reasons analyzed.And it also casts its eyes outside of China and priorities were on judicial authentication in Russia,Germany and the UK with conclusions made for enlightenment for China.Suggestions and countermeasures were raised in the paper on organizing adversarial appearing in court by judicial appraisers as witnesses,building up credit system for appraisers in big data era and optimizing legal supervision mechanism carried by procuratorial organ for expert testimony,which could be taken as references for reforming and perfecting judicial authentication.