The Causes And Countermeasures Of Judicial Identification Dispute

Forensic identification is an important part of litigation,the conclusion is often the basis of judicial proceedings.Therefore,when the opinions of forensic experts are unfavorable to a certain party,the parties usually choose to complain or even violate the methods of examination in an attempt to change or withdraw the forensic opinions of the judicial expertise institution.At present,the way of appraisal complaints in our country is relatively simple,and it is generally appropriate to submit a request for explanation to the local judicial administrative department.However,when the applicants do not get a satisfactory answer from the DOJ,some may choose to go to litigation.Some may even more directly choose to go to the CI for confrontation or take a more drastic approach to their own ends.As the system of forensic complaint in our country is not yet perfect,in order to avoid taking greater responsibility and even cause casualties,the judicial expertise institution has to compromise and withdraw its legally-accredited opinion.Such acts seriously undermine the impartiality of the judiciary,wasting judicial resources,hinder the normal work of forensic institutions,and infringe upon the interests of the other party.In the judicial identification of the complaint process,the forensic agency in a more passive position,according to laws and regulations,its handling of complaints is more simple solution.Handling disputes of identification complaints are essentially the collision between judicial power and administrative power.Disputes of forensic examinations are complicated to handle.They involve the collision of private and public powers,as well as the collisions between judicial power,executive power and appraisal power.The litigant's complaint of forensic appraisal is to protect the lawful rights and interests of individuals and is an expression of individual rights.Whether the judge adopts the letter of appraisal opinion is the embodiment of judicial power.Whether the litigant complains about the appraisal opinion or not will not affect the validity of the appraisal opinion.However,the complaints about forensic appraisals are mainly handled by the judicial administrative organs under the jurisdiction and the implementation of their acts relies on administrative power.Judicial administrative organs shall guide,manage and supervise forensic institutes.Standardize forensic work to improve the quality of forensic expertise,give full play to the role of forensic expertise,the exercise of administrative supervision.Appraisal agencies and appraisers accepted by the identification of the identification of the implementation of the right to reflect.Under the background of trial-centered litigation system reform,the handling of judicial authentication disputes and the exercise of various powers(rights)must be based on the principles of trial and service to trial,and can not interfere with judicial power.Identification of complaints can be divided into complaints on the identification process and the identification of complaints.However,according to the relevant laws and regulations,all the accreditation complaints are handled by the Judicial Bureau.For procedural complaints,the judiciary is capable and qualified to conduct the examination.However,is there any capacity or qualification examination of the judiciary for the accreditation conclusion? Is the reviewing standard consistent with the accreditation standards recognized in the field of accreditation? As for the complaints issued by false identification opinions,the judicial administrative organ lacks the standard of recognition and the lack of professional investigation ability.Based on the summary of judicial identification disputes,this paper analyzes the causes of judicial identification disputes,and puts forward effective solutions in combination with relevant cases and laws and regulations.Starting from the current system of forensic complaints,combining with examples,we analyze the existing problems of judicial identification in our country.According to the nature of forensic objects and existing litigation procedures,analyze the causes of the problems.Through the analysis of cases and causes and the reference of other countries' means,the paper puts forward some solutions.Judicial identification disputes arise for many reasons,mainly due to the characteristics of the forensic project itself,the forensic industry access standards are low,identification agencies and appraisers lack of capacity,responsibility is not strong,the judiciary is too dependent on the conclusions of the appraisal,the judicial administrative organs The treatment is not in place and other reasons,but also the low cost of judicial identification disputes,but greater benefits,letters of faith do not believe the reality of thinking.In view of these reasons,our country should intensify and improve the administration of judicial appraisal agencies and forensic appraisers;classify and deal with forensic complaints;make judicial appraisal associations actively intervene in the resolution of complaints;when judiciary accreditation bodies accept the cases,carry out the necessary Review and explain the related risks;at the same time,clarify the relevant provisions and responsibilities of duplicate authentication and unreasonable authentication.Through the above methods,I hope this can effectively reduce and resolve judicial identification disputes,to improve the identification of judicial identification of the status quo,and create a fair and just,realistic and judiciary environment.