Pre-litigation Forensic Procedural Research

However,with the rapid development of society,the number of cases accepted by the courts has gradually increased.This model has been unable to meet the needs of resolving cases quickly and efficiently,which in turn leads to the pre-trial prosecution Forensic procedures.In the academic circles,there is controversy about the legitimacy of forensic examinations before litigation.However,Article 28 of the Provisions on Evidences in Civil Proceedings recognizes the legality of the parties entrusting the appraisal by themselves.After litigating the parties,the court entrusts the courts to conduct judicial proceedings Identification is also allowed.Pre-litigation judicial review in promoting the case of complex and streamlined,shorten the trial period on the case of obvious effect,this article affirmed the prosecution in various jurisdictions before the pilot forensic activities on the premise of the practice before the prosecution forensic analysis,and with reference to some Similar procedures in the country or region have put forward some suggestions on the establishment of procedural and institutional pre-trial forensic procedures.In addition to the introduction and conclusion,this article is divided into four parts,a total of more than 20,000 words,the main contents of each part are as follows:The first part is an overview of civil forensic appraisals,introduces the concept,mode of forensic appraisal before civil prosecution,and comparison with related concepts.This paper first analyzes the forensic identification and pre-litigation identification,and then summarizes the concept of pre-litigation forensic identification.The conclusion is that pre-litigation judicial identification means that after the parties bring the lawsuit,before filing the case,the court applies to the court for judicial proceeding Identification of activities.Before the lawsuit forensics model exists in the theory of court-based,court-based and court counseling type,but only the court commissioned type meets the requirements of judicial appraisal.Compared with the former,the judicial appraisal before the law is more normative and authoritative.Compared with the latter,the judicial appraisal before the lawsuit is more specific than the former,The case clarified the claims and promoted the streamlining and diversion of cases.The second part is the status quo of forensic appraisal before the civil prosecution,including the status quo and specific operational procedures of forensic appraisal before the lawsuit.Through the analysis of the trial of the court,we can draw the conclusion that the pre-trial forensic procedure is more effective in the complicated and simplified shunting of the liability disputes of motor vehicle accidents,the liability of medical damages and the responsibility of injured workers,especially for the increasing number of machines in our country Liability Accident of Moving Vehicles.Then there is a summary of the procedure of a typical court's pretrial prosecution.Although the procedure of pre-trial judicial appraisal varies from court to court,it basically consists of five stages,one is the application for examination and approval stage,the other is the examination and acceptance stage,the third is to inform the parties of the rights and obligations and the fourth is Opposition review and selection of accreditation bodies,the fifth is to complete the identification.The third part analyzes the problems existed in the forensic appraisal before the civil prosecution,mainly because there is no clear basis for the law,the operating rules are not uniform,the legal protection of the forensic appraisal before the law is not standardized,and the burden of forensic appraisal before the lawsuit is unknown.There is no legal basis for forensic examination before litigation,so that the pre-trial forensic appraisal is quite controversial,thus revealing that there are some problems in the trial work of the court,such as the inconsistent operating rules,the non-standard right guarantee and the unaffordable cost burden.These problems will weaken the pre-trial judicial appraisal to play a role.The fourth part mainly discusses the procedure of establishing the forensic appraisal procedure before the civil prosecution.From the application conditions of forensic appraisal before prosecution,the procedural rules of the forensic appraisal before the prosecution are unified,the litigant right litigation right is guaranteed,and the commitment of the cost is clarified.By referring to similar systems in Germany,Japan and Taiwan of China,the applicable conditions of forensic forensics are clarified.The first one is the prerequisite and the second is the scope of the applicable case.Before applying for judicial review as a litigant who can weigh the right of choice according to his or her own interests,it is necessary tostandardize the procedural rules of pre-trial judicial appraisals.A unified pre-trial forensic appraisal process is divided into five steps: first,after the clarification of the filing stage,the parties apply for pre-litigation forensic;followed by the court to review and accept,and then notify the parties whether the admissibility and rights and obligations,and then submitted for review and appraisal Materials,the final selection and commissioned by the accreditation body.Since the parties filed a lawsuit before the prosecution before the court,so under the existing laws can protect the right to litigation.As for the cost of litigation before the forensic appraisal,according to the current situation of our country to start the forensic procedure is not free,and the cost of appraisal,comprehensive comparison,by the applicant advance advance more appropriate,the ultimate responsible party.