On The Re-identification In Civil Litigation

In our civil litigation,judicial identification is applied more and more widely,involving re appraisal of the situation more and more,the judge in the trial of a case,have a positive attitude on expert opinion that judicial identification,forensic opinion is one of the many important evidence judgment,but judicial opinion is one kind of evidence will be there are authenticity,legitimacy,relevance when problems arise.Re identification as the initial identification of the relief system is the first identification of disagreements resolved after a different way,can play on the initial identification of supervision and protection,reasonable re identification is necessary,but excessive re identification will lead to repeated identification and identification of complex problems such as anti.At present,there is no systematic legislative provisions on the issue of re identification in China,and there has not been a scientific and standardized re appraisal system.Therefore,the problems arising from the initiation of re appraisal have not been interrupted.Therefore,in order to achieve the purpose of re identification of legislation and make it play its due role,we need to improve it.This article through the re identification problems following two real cases study pointed out: at present,China has not formed a complete system of judicial appraisal system has higher effect,there is a problem to the abuse of judicial appraisal right of dissent,the court review of the right to dissent no expert opinion and specific applicable standards for the implementation of the standards how to apply for initial advice and unified identification and re identification in practice.On this basis,the author points out that the application time,institutions to improve the re evaluation of selection,the starting procedure,the number of restrictions and other related systems,in order to better play the role of re identification,guarantee the realization of justice and efficiency of civil litigation value,safeguard the legitimate interests of the parties.