Research On Starting Procedure Of Judicial Identification In Civil Action

Expert opinion is an important way of legal evidence.With the further development in economic society,continuous improvement in science and technology and gradual increase on professional issues in modern civil action by judicial expertise,judicial expertise has been an important means and method for fact and justice.The identification system of civil action is one of important parts in civil action system,and the starting rights of judicial identification is the core of identification system of civil action,and whether its procedure is set right or not influences directly on its legitimacy,legality and probative force in expert opinion.Due to unreasonable configuration in the starting rights of judicial identification in civil action,nonstandard program,absent safeguard and remedy system and endless identification chaos,judicial fairness is hard to be guaranteed.Strengthening institutionalization,scientization and normalization of the starting rights of civil action is needed in the reform of civil and judicial authentication in our country and in judicial fairness.Given this,the author gives some proposals.The essay consists of an introduction,a body and a conclusion.The introduction introduces the reason,the significance and the purpose,discusses the literature review and briefly indicates the content and the primary methods.Main body of the essay has four chapters.Chapter One is about the summary of decision of judicial expertise in civil action.Starting with the concept of judicial expertise,it discusses connotation and denotation of judicial expertise,considers that pre-pleading identification is a judicial identification and introduces the procedural function of judicial identification.After on the base of discussing starting procedures of judicial identification in civil action and define the concept of starting procedure of judicial identification in civil action.Taking,as starting point,the understanding of starting rights concept of judicial identification in civil action in law world,discussing its concept and nature,and ensuring starting procedure of judicial identification in civilaction has the nature of judicial power and private right,the court takes the lead in determining judicial decisions.And then,comparing starting rights of judicial identification in civil action to some concepts,the importance of starting procedures of judicial identification in the case comes out.Chapter Two is about the current situation on starting procedure of judicial identification.Firstly it introduces the evolution of judicial identification in civil action and then gives the feedback.In terms of Regulations of Evidences in Civil Action issued by Supreme People's Court,the evolution of judicial identification in civil action is elaborated in it.Based on this,it also gives feedback on the starting procedure of judicial expertise in civil action,and puts forward our actual judicial demand based upon the situation of our country and reasonable allocation on the judicial power between the court and the parties.Secondly it also shares a current investigation on the starting rights of judicial identification in civil action.Through cases of civil judgment of judicial identification,it gives imperfections on our judicial system: allocation on the identification,chaos on self-delegated identification from the party,deficiency on restriction of powers,lack of standardization on program and insufficiency in safeguard,and right of action are often deserted.Chapter Three shares an investigation and enlightenment on starting procedure system of judicial identification from foreign countries.It focuses on their operational mode,advantages and disadvantages and the trend in reform and development.After analysis different litigation modes exist in different judicial discretion systems which have their own advantages and disadvantages.Civil law system in Mainland emphasizes the truth,and judicial discretion is dominated by the court,guaranteeing lawsuit efficiency but weakening judicial fairness;But ones in US and UK focus on their judicial fairness,and judicial discretion are dominated by the parties including experts and witnesses,which influences on efficiency and judicial fairness.To conquer the disadvantages,two systems should be replenished and integrated each other to afford references to our judicial identification system in civil action.Chapter Four is to perfect the roads on starting procedure of judicial identification in civil action of our country.Concerned on discussion on the practical evidences and the principle value on reform about starting procedure of judicial identification in civil action,and based on the situation of our country and lessons from foreign countries,some strategies are put forward to perfect the decision of judicial identification in civil action.A conjoint pattern should be built between starting rights of judicial identification by the court and limited decisions of independent identification of the parties.In terms of establishment of the discretion,a pattern with party application plus the court's decision should be built to restrict the court's initiation by authority so as to avoid to lose the evidences from the parties before litigation which are hard to be obtained,kept and afforded.This is the innovation of the essay.By improving the first-time examination standard and the condition of reappraisal,adding remedy procedure of discretion,establishing a system of technical adviser for the court services,perfecting judicial remedy for appraisal cost prepayment and setting up a helping system for judicial identification and interpretation right to guarantee the effective operation for judicial discretion,litigious right of the parties would be realized.The conclusion,including the outlines of the essay,expects to realize a goal of procedural justice and entity notarization.Some related systems in civil action on principals,appraisers should be improved.